Holding - Law Dictionary Search Results
Home Dictionary Name: holdingHolding
Holding. For the purposes of the Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), holding is defined [s. 57(1)] as follows: 'Holding' does not include an allotment garden or include any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening but, except as aforesaid, means 'any parcel of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment or employment held under the landlord.' The Agricultural Holdings (Scotland) Act, 1923 (13 & 14 Geo. 5, c. 10), contains a similar definition in s. 49; also in Scots law to signify the tenure or nature of the right given by the superior to the vassal.Holding is defined by s. 2(2) of the Travancore-Cochin Kanam Tenancy Act, 1955 as a parcel or parcels of l...
Holding of investments
Holding of investments, the expression 'Holding of investments' cannot be limited to companies whose principal business is the acquisition and holding of shares, debentures, stocks or other securities as contended on behalf of the appellant but covers companies whose primary or principal source of income is house property or capital gains as well, Nown Estates (P) Ltd. v. CIT West Bengal, AIR 1977 SC 153 (157). [Income-tax Act, 1922, s. 23A Expl. 2(i)]...
Small holding colonies
Small holding colonies. By the (English) Small Holding Colonies Act, 1916 (6 & 7 Geo. 5, c. 38) and 1918 (8 & 9 Geo. 5, c. 26), as amended by the (English) Land Settlement (Facilities) Act, 1919 (9 & 10 Geo. 5, c. 59), the Board, now Ministry, of Agriculture and Fisheries may, after consultation with the chairman of the county council, acquire by agreement a limited amount of land up to 45,000 acres in England and Wales for the purpose of providing small holding colonies with powers conferred by the Acts.See ALLOTMENTS, and Aggs on Agricultural Holdings....
Holding a judical office
Holding a judical office, the expression 'holding a judical office' signifies more than discharge of judicial functions while holding some other office. The phrase postulates that there is an office and that office is primarily judicial, Statesmen (P) Ltd. v. H.R. Deb, AIR 1968 SC 1495 (1500). [Industrial Disputes Act 1947, s. 7(3) (d)]...
Cottage holding
Cottage holding, means a holding comprising a dwelling house, together with not less than a quarter of an acre and not more than one acre of agricultural land which can be cultivated by the occupier of the dwelling house and his family, Halsbury's Laws of England, Vol. 2, para 5, p. 6....
Finding mains holding
Finding mains holding, a court properly has find-ings of fact and holdings or conclusions of law. The writer of the following sentence observed the distinctions meticulously. Because we find that the jury's finding of concurrent fault is amply supported by the evidence, we hold that appellee is entitled to full indemnity.In appellate courts, properly, only holding are affirmed, whereas factual findings are disturbed only when clearly erroneous, against the great weight of the evidence, etc., depending on the standard of review. Generally, it is not correct for an appellate Court to say that it affirms a finding of fact, Uttam Singh Duggal & Sons. v. Union of India, AIR 2002 Del 471....
Holding over
Holding over, keeping possession of land by a lessee after the expiration of his term, whereby if the possession is against the will of the landlord, he becomes a trespasser, but if he remains with the consent of the landlord, he becomes a tenant at will or he may simply remain on sufferance; if subsequent rent is accepted by his landlord he usually becomes tenant from year to year on the terms of the expired lease, Hyatt v. Griffiths, (1851) 17 QB 505.A tenant wrongfully holding over premises of which the value does not exceed 100l. a year may be ejected by proceedings in the county Court, under the County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), or if the term do not exceed seven years, or the rent 20l. a year, by proceedings before justices of the peace under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74). See also DOUBLE RENT; DOUBLE VALUE...
Small holdings
Small holdings. The (English) Small Holdings and Allotments Act, 1908, by s. 61 gives the following definition:-The expression 'small holding' means an agri-cultural holding which exceeds one acre and either does not exceed fifty acres or, if exceeding fifty acres, is at the date of sale or letting of an annual value for the purposes of income tax not exceeding one hundred pounds [as amended by the (English) Small Holdings and Allotments Act, 1926 (16 & 17 Geo. 5, c. 52), s. 16]....
Hold
Hold, to have as tenant.Of a Court or judge, to enounce a legal opinion. In strictness, a court 'holds,' and a single, judge 'rules.'It means 'own', State of West Bengal v. Subodh Gopal Bose, AIR 1954 SC 92: (1954) SCR 587.'Hold' means own. This expression connotes two concepts, i.e., physical possession or legal title to the vacant lands, Govt. of A.P. v. H.E.H. Nizam, Hyderabad, AIR 1996 SC 3142: (1996) 3 SCC 282. [Urban Land (Ceiling and Regulation) Act, 1976, s. 3]1. In England, tenure 2. This word occurs most often in conjunction with other, e.g. fee-hold, lease hold, Black's Law Dictionary, 7th Edn....
Holds
Holds, the expression 'holds' includes a two-fold idea of the actual possession of a thing and also of being invested with a egal title. Sometimes it is used only to mean actual possession. But under s. 12 the expression is used in the wider sense, for under that section the person mentioned therein holds land partly for his benefit or partly for the benefit of the beneficiary or wholly for the benefit of the beneficiary, K.K. Handioue v. Board of Agricultural Income Tax, AIR 1966 SC 1191 (1192). [Assam Agricultural Income-tax Act, (9 of 1939), s. 12]The word 'holds' is not a word of art. It has not been defined in the Act. It has to be understood in its ordinary normal meaning: According to Oxford English dictionary it means, to possess, to be owner or holder or tenant of. The meaning indicates that possession must be backed with some right or title, Hari Ram v. Babu Gokul Prasad, AIR 1991 SC 427 (428): 1991 Supp (2) SCC 608. [Madhya Pradesh Land Revenue Code 1959, s. 185(i)]...
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