Extent - Law Dictionary Search Results
Home Dictionary Name: extentExtent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
To the extent of the contravention
To the extent of the contravention, the expression 'to the extent of the contravention' in the sub-article can only mean to the extent of the contravention of the rights conferred under that part. Rights do not exist in vacuum. They must always inhere in some person whether natural or juridical and, under Part III, they inhere even in fluctuating bodies like linguistic or religious minorities or denominations, State of Gujarat v. Ambica Mills Ltd., AIR 1974 SC 1300: (1974) 4 SCC 656: (1974) 3 SCR 760...
Existence or extent of a legal right
Existence or extent of a legal right, Ordinarily and generally, in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order to succeed in the suit. As against the claim of the plaintiff, if the legal right of the defendant is established, the suit is bound to fail. But on failure of either to establish his own legal right, the suit will still fail because the plaintiff cannot succeed unless he establishes his legal right. This proposition of law is so clear and axiomatic that the expression - 'the existence or extent of a legal right' - used in art. 131 undoubtedly is meant to bring about this result, State of Karnataka v. Union of India, (1977) 4 SCC 608: AIR 1978 SC 68: (1978) 2 SCR 1....
Re-extent
Re-extent, a second extent on lands or tenements, on complaint that the former was partially made, etc....
To the extent of
To the extent of, the words 'to the extent of' in Article 13 do not import any idea of time. They only import the idea that the law maybe void either wholly or in part and that only such portions will be void as are inconsistent with Part III or have contravened Part III and no more, Mahendralal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019 (1029): (1963) Supp 1 SCR 912. [Constitution of India, Art. 13(1), (2)]...
Known to some extent
Known to some extent, means only an acquaintance, Jaswant Gir v. State of Punjab, (2005) 12 SCC 438; (2006) 6 SLT 326: (2006) 1 SCC (Cri) 579: (2006) 2 Recent CR 202....
Planning
Planning, as that term is used in connection with community development is a generic term, rather than a word of art, and has no fixed meaning. Broadly speaking, however, the term connotes the systematic development of a community or an area with particular reference to the location, character, and extent of streets, squares, and parks, and to kindred mapping and charting, American Jurisprudence, 2nd (Vol. 82, at p. 388).Planning, connotes a systematic development contrived to promote the common interest in matters, embraced within the police power, with particular reference to the localities, character, and extent of streets, squares, parks, and to kindred mapping and charting, Manaklal Chottebai v. M.G. Makwana, (1968) 1 SCJ 379.Laws dealing with development planning are indis-pensable to sanitation and healthy urbanization. Development planning comprehensively takes care of statutory, manual, administrative and land-use laws hand in hand with architectural creativity. In the words o...
Wakf
Wakf, 'wakf' means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes, - (i) a wakf by user; (ii) grants (including mashrut-ul-khidmat) for any purpose recognised by the Muslim law as pious, religious or charitable; and (iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable; and 'wakif' means any person making such dedication, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289 (293): (1979) 2 SCC 468: (1979) 2 SCR 148.Means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes:(i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser;(ii) 'grants',...
Graveyard
Graveyard, Under the Mahomedan Law the graveyards may be of two kinds - a family or private graveyard and a public graveyard. A graveyard is a private one which is confined only to burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to be bury to his dead. On the other hand if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complete and the graveyard has become a public graveyard where the Mahomedan public will have the right to bury their dead. It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard, Syed Mohd. Salie Labbai v. Mohd. Hanifa, AIR 1976 SC 1569 (1584): (1976) 4 SCC 780: (1976) 3 SCR 721.Once a Ka...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
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