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General words

General words, the clause immediately following the parcels in a conveyance and commencing 'together with all buildings fixtures fences commons ways,' etc. These general words as particularized in s. 62 of (English) Law of Property Act, 1925, replacing s. 6 of the Conveyancing Act, 1881, are impliedly contained in a conveyance of land by virtue of that enactment, before the passing of which it was necessary to particularize them in the conveyance itself...


Meaning of words

Meaning of words, The rule is that when general words follow particular and specific words of the same nature, the general words must be confined to the things of the same kind as those specified, Kavalappara Kottarathil Kochuni v. States of Madras and Kerala, AIR 1960 SC 1080: (1960) 3 SCR 887...


Generale dictum generaliter est interpretandum: generalia verba sunt generaliter intelligenda

Generale dictum generaliter est interpretandum: generalia verba sunt generaliter intelligenda [Lat.] , A general saying is to be interpreted generally: general words are to be understood generally...


Deed

Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...


Act of Parliament

Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...


Cheque crossed generally

Cheque crossed generally, where a cheque bears across its face an addition of the words 'and company' or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words 'not negotiable', that addition shall be deemed a crossing and the cheque shall be deemed to be crossed generally Negotiable Instruments Act, 1881 (26 of 1881), s. 123...


General public utility

General public utility, The words 'general public utility' contained in the definition of charitable purpose are very wide. These words, as held by the Judicial Committee in the case of All India Spinners Association v. C.I.T., (1944) 12 ITR 482 (PC), exclude objects of private gain. Sole Trustee, Lok Shikshana Trust v. Commissioner of Income Tax, AIR 1976 SC 10: (1976) 1 SCC 254: (1976) 1 SCR 863...


Mental reservation

Mental reservation, a silent exception to the general words of a promise or agreement not expressed, on account of a general understanding on the subject. But the word has been applied to an exception existing in the mind of the one party only, and has been degraded to signify a dishonest excuse for evading or infringing a promise...


Ejusdem generis

Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...


Meaning or connotation of words and phrases

Meaning or connotation of words and phrases, In determining the meaning or connotation of words and expressions describing an article or commodity the turnover of which is taxed in a sales tax enactment, if there is one principle fairly well-settled it is that the words or expressions must be construed in the sense in which they are understood in the trade, by the dealer and the consumer, Delhi Cloth and General Mills Co. Ltd. v. State of Rajasthan, AIR 1980 SC 1552: (1980) 4 SCC 71: (1980) 3 SCR 1109....


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