Growing Crop - Law Dictionary Search Results
Home Dictionary Name: growing cropGrowing crop
Growing crop, The expression 'growing crop' might appropriately comprehend tendu leaves, but would not include, 'Adjat timber', bamboos, nor even tendu plants, Mahadeo v. State of Bombay, AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [M.P. Abolition of Proprietary Rights (Estates, Mahals and Alienated Lands) Act, (1 of 1951), s. 34]Crops that are in process of growth, Black's Law Dictionary, 7th Edn., p. 711...
Crop
Crop, corn, hay, and such other produce as can be cut and stored up. As to setting fire to crops, see the (English) Malicious Damage Act, 1861 (24 & 25Vict. c. 97), s. 16. As to growing crops, see EMBLE-MENTS.As to freedom of cropping, see AGRICULTURAL HOLDINGS ACT.It connotes in its larger signification, products of the soil that are grown and raised yearly and are gathered during a single season. In this sense the term includes 'fructus industriales' and having regard to the etymology of the word it has been held to mean only products after they have been severed from the soil. Rev. Fr. K.C. Alexandar v. State of Kerala, (1973) 2 SCC 737: AIR 1973 SC 2498: (1974) 1 SCR 399.Includes trees and bushes, Plant Health Act, 1967, s. 1(1)(b) Halsbury's Laws of England, Vol. 1(2), para 650, p. 389....
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Emblements
Emblements [fr. emblavance de bled, O. Fr. corn sprung or put above ground], the growing crops of those vegetable productions of the soil which are annually produced by the labour of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occu-pier, whether he were the owner in fee, or for life, or for years, if he die before he has actually cut, reaped, or gathered the same; and this, although being affixed to the soil, they might for some purposes be considered, whilst growing, as part of the realty.The growing crop annually produced by labour, as opposed to a crop naturally, Black Law Dictionary, 7th Edn., p. 540.If a tenant for life or pur autre vie die, his executor or administrator is entitled to emblements', for the estate was determined by the act of God; and it is a maxim in the law that actus Dei nemini facit injuriam. The advantages of emblements are extended to parochial clergy by 28 Hen. 8, c. 11, but a person who resigns...
Immovable property
Immovable property, things rooted in the earth as in the case of trees and shrubs, are immovable pro-perty both within the General Clauses Act and the Transfer of Property Act, but in the latter, 'standing timber', 'growing crop' and 'grass' though rooted in earth are not included, Mahadeo v. State of Bombay AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. [Registration Act, 1908 (16 of 1908), s. 2 (6)]Trees are regarded as part of land because they are attached and rooted in the earth, Suresh Chand v. Kundan, (2001) 10 SCC 221 (224).Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastene...
Emblement
The growing crop or profits of a crop which has been sown or planted used especially in the plural The produce of grass trees and the like is not emblement...
Allotments
Allotments. Many (English) Acts (see chit. Stat., tit. 'Allotments') have been passed authorizing parish officers to let out to poor persons small quantities of parish land or land originally allotted under inclosure Acts for the benefit of the poor. The Small Holdings and Allotments Act, 1908 (Part II.), empowers parish, urban, borough or county councils to provide plots of land for persons belonging to the labouring population of the locality to cultivate as farms or gardens. Land for allotments may be acquired compulsorily by the above bodies (ss. 12 and 27, Land Settlement (Facilities) Act, 1919) (as amended by the 1925 Act, s. 1). This Act as amended by the Allotments Act, 1922, necessitates a six months' or longer notice to quit (but see s. 30(2) of the Act, 1908, and s. 1 of the Act of 1922), and provides, notwithstanding any agreement to the contrary, for compensation to an outgoing tenant by the landlord for growing crops, manure, improvement, etc. (s. 47 of the Act of 1908, a...
Tenants' Compensation Act, 1890
Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...
Movable property
Movable property, includes growing crops. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (13)]It includes standing timber, growing corps and grass, fruit upon and juice in trees, and property of every other description, except immovable property. [Registration Act, 1908 (16 of 1908), s. 2 (9)]The words 'movable property' are intended to include corporal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [Penal Code, 1860 s. 22]Movable property shall mean property of every description, except immovable property. [General Clauses Act, 1897 (10 of 1897), s. 3(36)]...
Bill of sale
Bill of sale, an assignment by deed of chattels personal, whether absolute or by way of security. See Twyne's case, (1602) 3 Rep. 80 [44 Eliz.], and 1 Sm. L. C. 1 et seq., where the principal cases are collected.The registration of bills of sale was first required in 1854 by 17 & 18 Vict. c. 31, which enacted that every bill of sale should be void as against assignees in bankruptcy and execution creditors, unless the bill or a copy thereof should have been filed in the Court of Queen's Bench within 21 days after its execution, together with an affidavit of the time of the bill of sale being given, and a description of the residence and occupation of the deponent and of every attesting witness of the bill of sale. In 1866, by 29 & 30 Vict. c. 96, registration had to be renewed every five years. The two Acts were consolidated with some important amendments by the (English) Bills of Sale Act, 1878 (41 & 42 Vict. c. 31). The principal amendments were these:-The period within which to regis...
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