Holding - Law Dictionary Search Results
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Hold or wold
Hold or wold, a governor or chief officer, Gibs. Camd....
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...
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Seizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
Tenement
Tenement [fr. teneo, Lat., to hold], in its vulgar acceptation, is only applied to houses and other buildings, but in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal kind. Thus liberum tenementum, frank tenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc, 2 Bl. Com. 16. 'Tenement' may denote the estate is as well as the land. Halsb. L.E., tit. 'Real Property.'Local authorities sometimes refer to separately rated parts of houses or flats s tenements.1. Properly (esp. land) held by freehold; an estate or holding of land 2. A house or other building used as a residence, Black's Law Dictionary, 7th Edn.Means the property especially land, held by free-hold, an estate or holding of land, Black's Law Dictionary, 7th Edn., p. 14801. Properly (esp. ...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Jote
Jote, a jote ordinarily means an occupancy holding; and an occupancy holding is under the law a holding the rent of which is liable to be enhanced. Jote is a general term and it is not necessarily equivalent to a 'raiyati jote', Tarini Charan Sardar v. Srish Chandra Pal, AIR 1928 Cal 880....
tenure
tenure [Anglo-French, feudal holding, from Old French teneüre, from Medieval Latin tenitura, ultimately from Latin tenēre to hold] 1 : the act, manner, duration, or right of holding something [ of office] ;specif : the manner of holding real property : the title and conditions by which property is held [freehold ] 2 : a status granted to a teacher usually after a probationary period that protects him or her from dismissal except for reasons of incompetence, gross misconduct, or financial necessity te·nur·ial [te-nyr-ē-əl] adj te·nur·ial·ly [-ə-lē] adv ...
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