Immovable - Law Dictionary Search Results
Home Dictionary Name: immovableimmovable
immovable : incapable of being moved see also immovable property at property n : an item of immovable property (as land, standing timber, or a building) [a manufactured home placed upon a lot or tract of land shall be an "Louisiana Revised Statutes"] ;also : an interest or right (as a servitude) in an item of immovable property [a predial servitude is an incorporeal "Louisiana Civil Code"] often used in pl. compare movable ...
Immovable
Immovable, not to be forced from its place, the characteristic of things real, or land. The courts of one country in general have no jurisdiction over immovable situate out of that country, see British South Africa Co. v. Companhia de Mozambique, 1893 AC 602. Also in foreign systems of law a term of the capital division of things into movable and immovable instead of real and personal....
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...
Urban immovable property
Urban immovable property, the expression 'urban' immovable property' may mean 'land and buildings', or 'buildings' or 'land'. It would take in lands of every description, i.e., agricultural land, urban land or any other kind and it necessarily includes vacant land, Union of India v. Valluri Basavaiah Choudhary, AIR 1979 SC 1415 (1425): (1979) 3 SCR 324....
immovable property
immovable property see property ...
Immovable
Incapable of being moved firmly fixed fast used of material things as an immovable foundation...
Fair market value
Fair market value.--(i) in relation to any immovable property transferred by way of sale or exchange, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the price that the immovable property would ordinarily fetch on sale in the open market on the date of execution of the instrument of transfer of such property;(ii) in relation to any immovable property transferred by way of lease, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the premium that such transfer would ordinarily fetch in the open market on the date of execution of the instrument of transfer of such property, if the consideration for such transfer had been by way of premium only;(iii) in relation to any immovable property transferred, being immovable property of the nature referred to in sub-clause (ii) of clause (e), means the consideration in the form of money that such transfer would ordinarily fetch in the open market on the date of the tr...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
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