Immovable - Law Dictionary Search Results
Home Dictionary Name: immovable Page: 4Material resources
Material resources, 'Material resources' is enshrined in art. 39(b) are wide enough to cover not only natural or physical resources but also movable or immovable properties. The mere fact that the resources are material will make no difference in the concept of the word 'resources'. Black's Law Dictionary defined the word recourses thus: Money or any property that can be converted to meet needs; means of raising money or supplies; capabilities of raising wealth or to supply necessary wants. The mere fact that the resources are material will make no difference in the concept of the word recourse. In Stroud's Judicial Dictionary (Vol. 3) at page, 1634, the word material is defined thus: Materials tools or implements, to be used by such artificer in this trade or occupation, if such artificer be employed in mining; wooden props or 'sprags' though neither 'tools or implements' were 'materials' within these words. 'Material' includes a painter's bucket of distemper and brush. In Webster's T...
Lease or licence
Lease or licence, it is the creation of an interest in immovable property or a right to possess it that distinguishes a lease from a licence. A licence does not create an interest in the property to which it relates while a lease does. There is in other words transfer of a right to enjoy the property in case of a lease. As to whether a particular transaction creates a lease or a licence is always a question of intention of the parties which is to be inferred from the circumstances of each case. For the purpose of deciding whether a particular grant amounts to a lease or a licence, it is essential, therefore, to look to the substance and essence of the agreement and not to its form, Board of Revenue v. A.M. Ansari, AIR 1976 SC 1813 (1816): (1976) 3 SCC 512: (1976) 3 SCR 661. [Transfer of Property Act, 1882, s. 105]...
Lex loci rei sit '
Lex loci rei sit ' (the law of the place where the thing is situate). It is sometimes also called lex situs. As to real or immovable property, the general rule of the Common Law is, that the laws of the place where such property is situate exclusively govern in respect to the power to contract, the rights of the parties, the modes of transfer, and the solemnities which should accompany them, see Freke v. Lord Carbery, (1873) LR 16 Eq 461; Bank of Africa v. Cohen, (1909) 2 Ch 129. The title, therefore, to real property can be acquired, passed, and lost only according to the lex loci rei sit', Story's Confl. Of Laws, s. 424. See Westlake on Private International Law; Dicey's Conflict of Laws....
Lease and licence
Lease and licence, if an interest in immovable property, entitling the transferor to enjoyment, is created, it is a lease; if permission to use land without right to exclusive possession is alone granted, a license is the legal result, Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396 (398): (1974) 1 SCC 202. (Transfer of Property Act, s. 105; Easements Act, s. 52)The difference between a 'lease' and 'licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances. Only a right to use the property in a particular way or under certain terms given to the occupant while the owner retains the control or possession over the premises results in a licence being created; for the owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the pe...
Jus retractus
Jus retractus, means the right of retraction. (1) The right of certain relatives of one who has sold immovable property to repurchase it. (2) A debtor's right, upon sale of the debt by the creditor, to have a third person redeem it within a year for the price paid by the purchaser, Black's Law Dictionary, 7th Edn., p. 868....
Inhabitant
Inhabitant, in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant. [Cantonments Act, 1924 (2 of 1924), s. 2 (xviii)]...
In an appropriate case
In an appropriate case, the expression 'in an appro-priate case' in s. 22(1) of the Specific Relief Act, 1963 only indicates that it is not always incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific perform-ance of a contract for the transfer of the immovable property, Babu Lal v. Hazari Lal Kishori Lal, AIR 1982 SC 818: (1982) 3 SCR 94: (1982) 1 SCC 525. [Specific Relief Act, 1963, s. 22 (1)]...
Immobilise
Immobilise, means to make immobile, esp., to turn (movable property) into immovable property or to turn (circulating capital) into fixed capital, Black's Law Dictionary, 7th Edn., p. 752....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Oblations
Oblations, offerings to God and the Church, fees payable to the clergy for marrying, burying, and by way of 'Easter offerings.' See Reg. v. Hall, (1866) LR 1 QB 632. (Those things are called oblations which are offered to God and the Church by pious and faithful Christians, whether the things are movable or immovable.), Inst. 389. Easter offerings are assessable to income tax, Cooper v. Blakiston, 1909 AC 104.Baptismal fees were abolished by 35 & 36 Vict. c. 36....
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