Have Interest - Law Dictionary Search Results
Home Dictionary Name: have interest Page 1 of about 208 results (0.003 seconds)Have interest
Have interest, directly or indirectly in the business of the other, the assessees and the person alleged to be a related person must have interest, direct or indirect, in the business of each other. Each of them must have a direct or indirect interest in the business of the other. The equality and degree of interest which each has in the business of the other may be different; the interest of one in the business of the other may be direct, while the interest of the latter in the business of the former may be indirect. That would not make any difference, so long as each has got some interest, direct or indirect, inthe business of the other, Union of India v. Atic Industries Ltd., AIR 1984 SC 1495: (1984) 3 SCC 575: (1984) 3 SCR 930....
Person having interest
Person having interest, means a disciple of the math or a person professing the Hindu religious or Sikh faith to which the math belongs, Mahant Sri Regunath Das v. Commissioner of Hindu Religious Endowment, (1986) 61 Cut LT 189 (Ori).The definition of the expression 'person having interest' in s. 2(10), (as amended in 1953) which is an inclusive one, and includes the suit brought by two or more trustees in the name of the idol, to recover possession of its property against a person holding it adversely to the trust from the purview of s. 50(ii) of the Act. That expression is wide enough to include not merely the beneficiaries of a temple, math, wakf etc. but also the trustees, Shree Gollaleshwar Dev v. Gangawwa Kom Shantayya Math, AIR 1986 SC 231: (1985) 4 SCC 393: (1985) Supp 3 SCR 646: (1986) Mah LR 220 (SC). [Bombay Public Trusts Act, 1950, s. 2 (10) 50 (ii) (a) and 51(1)]...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
rational
rational 1 : having reason or understanding 2 : relating to, based on, or guided by reason, principle, fairness, logic, a legitimate state interest, or a consideration of fact [age distinctions are not subject to strict scrutiny, but they must have a relationship to a legitimate state interest "In re J. M., 642 A.2d 1062 (1994)"] ra·tio·nal·i·ty [ra-shə-na-lə-tē] n ra·tio·nal·ly adv ...
Perpetuity
Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...
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...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Interested witness
Interested witness, a close relative who is a natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the witness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason, Kartik Malhar v. State of Bihar, (1996) 1 SCC 614 (620).A witness is not excluded from giving evidence by reason of his interest in the matter in question, 6 & 7 Vict. c. 85, s. 1.Means a close relative who is a very natural witness cannot be termed as an interested witness. The term interested postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
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