Holding Out - Law Dictionary Search Results
Home Dictionary Name: holding outHolding out
Holding out. On the principle of estoppels any representation by words or conduct or knowingly suffered to be made by others that a person is a partner in a firm on the faith of which representation credit has been given to the firm, makes the person so representing himself liable as a partner to that creditor, to the extent of the loss which the creditor has thereby suffered [see Christopher, Ex parte Harris, (1816) 1 Madd 583]. See Partnership Act, 1890, s. 3, and PARTNERSHIP....
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Contracting out of a statute
Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been passed may contract with others in such a manner as to deprive themselves of the benefit of the statute, as, for instance, the benefit of the Employers Liability Act, 1880; see Griffiths v. Earl of Dudley, (1882) 9 QBD 357.Certain Acts prohibit 'contracting out' or impose limitations. For example, by s. 1 (3) of the Workmens Compensation Act, 1925, contracting out of the Act is allowed upon the certificate of the Registrar of Friendly Societies that a proposed scheme of compensation is not less favourable to the workmen than the scheme of compensation provided by the Act. See also s. 45 of the Agricultural Holdings Act, 1923; and s. 146 (12) of the (English) Law of Property Act,1925, which provides for relief against the forfeiture of a lease; and also ss. 95 and 96 as to mortgages which exclude contracting out, ...
Nominal partner
Nominal partner, one who has not any actual interest in the trade or business, or its profits; but by allowing his name to be used holds himself out to the world as apparently having an interest. See PARTNERSHIP; HOLDING OUT....
Presumptive title
Presumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property (jus possessionis, Lat.), without any apparent right, or any pretence of right, to hold and continue such possession. This may happen when one man disseises another; or where after the death of the ancestor, and before the entry of the heir, a stranger abates and holds out the heir. The law assumes that the actual occupant of land has the fee-simple in it, unless there be evidence rebutting such pre-sumption, or his possession be properly explained and shown to be consonant with the right of the true proprietor of the reversionary fee. Such a presumption, in the absence of any satisfactory proof to the contrary, will sustain an action for a tresspass by a wrongdoer, and will indeed be strengthened, by lapse of time, into a title complete and indefeasible.This assumption is based on the well-known feudal maxim that seisin must be the basis ...
Prospectus
Prospectus, giving complete information about the school/college which issues it. It is the instrument through which the school/college 'holds out' its contents or 'represent' to the general public interest, Sanjeev Dadhwa v. All India Institute of Medical Sciences, AIR 1995 Del 268.Is a document which invites persons to take shares in a company and sets forth the advantages of the company an advertisement is also a prospectus, Paramatha Nath v. Kali Kumar, AIR 1925 Cal 714: (1925) ILR 51 Cal 440.Prospectus, is defined by s. 380 of the (English) Companies Act, 1929, as any prospectus, notice, circular, advertisement, or other invitation offering to the public for subscription or purchase any shares or debentures of a company. By s. 35 of the Act every prospectus issued by or on behalf of a company or engaged or interested in its formation, must state the matters specified in Part I. of the 4th Schedule and set out the reports specified in Part II. of that Schedule, subject as to both p...
Question of law arising out of such order
Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...
Vi laica removend'
Vi laica removend', a writ that lies where two persons contend for a church, and one of them enters into it with a great number of laymen, and holds out the other vi et armis; and he that is holden out shall have this writ addressed to the sheriff that he remove the lay force; but the sheriff ought not to remove the incumbent out of the church, whether he is there by right or wrong, but only the force, Fitz. N.B. 54....
Holding
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...
tender
tender 1 a : an act or instance of tendering b : an unconditional offer of payment or performance (as in discharge of an obligation) that is coupled with a manifestation of willingness and ability to follow through (as by producing a check) c : tender of delivery [sufficient ] 2 : something offered in payment or performance ;specif : money [the proper amount of required] see also legal tender vb [Anglo-French tendre to offer, propose for acceptance, literally, to stretch, hold out, from Old French, from Latin tendere] vt 1 a : to make a tender of [ goods] [ delivery] [ payment] [ performance] b : to offer as an amount in settlement of a claim by an injured party against an insured NOTE: An insurance company might be obligated to tender the limits of a policy to an injured party when a higher amount is likely to be awarded at trial. 2 : to extend for acceptance or consideration (as in proof of something) esp. in a proceeding [ a plea to the court] [ an issue] 3 : to offer...
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