Immovable - Law Dictionary Search Results
Home Dictionary Name: immovable Page: 5Shebaitship
Shebaitship, property dedicated to an idol vests in it in an ideal sense only; ex necessitas, the possession and management has to be entrusted to some human agent. Such an agent of the idol is known as shebait in Northern India. The legal character of a shebait cannot be defined with precision and exactitude. Broadly described, he is the human ministrant and custodian of the idol, its earthly spokesman, its authorised representative entitled to deal with all its temporal affairs and to manage its property. As regards the administration of the debutter, his position is analogous to that of a trustee; yet, he is not precisely in the position of a trustee in the English sense, because under Hindu Law, property absolutely dedicated to an idol, vests in the idol, and not in the shebait. Although the debutter never vests in the shebait, yet, peculiarly enough, almost in every case, the shebait has a right to a part of the usufruct, the mode of enjoyment; and the amount of the usufruct depen...
Private transfer
Private transfer, means the expression 'private transfer', occurring in s. 64, C.P.C. would only mean a transfer by person against whom the attachment was made or prohibitory order was issued in respect of immovable property or whose interest, including that of his legal representative, is attached, but would not include a sale or transfer made by mortgagee with a power of sale, S.V.S. Davey & Sons v. P.M. Narainaswamy, 1983 Mad 217: (1983) 96 Mad LW 1: ILR 1983 (1) Mad LW 1: ILR 1983 (1) Mad 321: (1983) 2 Mad LJ 534....
Settlement
Settlement, means an agreement ending a dispute or a law suit, Black's Law Dictionary, 7th Edn., p. 1377.Settlement, suggests that, in the process of vesting, the right to possession in such lands is also vested in the State, and thereafter it is settled back with the outgoing proprietor by the operation of law, Brijnandan Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 589.Settlement, the act of giving possession by legal sanction; a jointure granted to a wife; a disposition of either real or personal property or both for the benefit of one person for his life, and after his death for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY.The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way that differs from what the beneficiaries would receive as heirs under ...
Year to year
Year to year, in s. 17(d) of the Registration Act, 1908, would mean that it relates to a year according to the 'British Calender' and not according to vernacular calendar. If this position is accepted, the lease deed of immovable property, from year to year, would become compulsorily registrable, if it is for a British calendar year, and not for a vernacular year. The words 'yearly rent' will have to be interpreted in the same manner as the words 'year to year' are interpreted, viz., the yearly rent according to British and not vernacular calendar, Dimili Narayana v. Dimili Stayanarayan, (1975) 2 Andh WR 226: (1975) 1 APLJ 372: 1975 ALT 190....
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Vicinage
Vicinage [fr. voisinage, Fr.], neighbourhood, or near dwelling; places adjoining. As to common because of vicinage, see 1 Steph.Com.Means the neighbourhood in which one is obligated not to cause material injury to others (as by a nuisance) in the free exercise of rights of ownership in immovable property, Rodnigue v. Copeland, 475 So 2d 1071 (1985)....
Transferred his rights under the lease
Transferred his rights under the lease, a lease of immovable property is transfer of a right to enjoy such property. Parting with possession or control over the tenancy premises by the tenant in favour of a third person would amount to the tenant having 'transferred his rights under the lease' within the meaning of s. 14(2)(ii)(a) of the Act, Parvinder Singh v. Renu Gautam, (2004) 4 SCC 794 (800). [H.P. Urban Rent Control Act, 1987 (25 of 1987), s. 14(2)(ii)(a)]...
Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Things
Things, the subjects of dominion or property, as distinguished from persons. They are distributed into three kinds: (1) things real or immovable, comprehending lands, tenements, and hereditaments; (2) things personal or movable comprehending goods and chattels; and (3) things mixed, partaking of the characteristics of the two former, as a title-deed, a term for years. the civil law divided things into corporeal (tangi possunt) and incorporeal (tangi non possunt). See CHOSE.Things, when used in conjunction with goods, ready money, etc., with reference to accounting between partnership includes, or extends to debts also as it is as general a word as could well be made use of, Gainshorough v. Stock, 27 ER 659...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
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