Implied Condition - Law Dictionary Search Results
Possibility on a possibility
etc. Contract through Post.--A letter of acceptance posted, though not received, if the post has been expressly or impliedly (as it usually is) authorized as a means of communication, creates a binding contract bet-ween the party offering … the administrative control of the State. The State may create or abolish the post and may regulate the conditions of service of persons appointed to the post, State of Assam v. Kanak Chandra Dutta, AIR 1967 SC
power
: any or all of the powers delegated to the president under Article II of the U.S. Constitution implied power : a power that is reasonably necessary and appropriate to carry out the purposes of a power … a grantor or the grantor's successors in interest to enter upon an estate that was granted upon a condition after the breach of the condition in order to terminate the granted estate and revest it in the
Year to year, tenancy from
by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such … personal representatives, of the latter, still continue the tenancy upon the original terms, and subject to the same conditions which the law, or the express agreement of the parties, has attached to it. But the tenancy is
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Contract for sale of land
STATUTE OF. If the contract is a simple, unconditional, or open contract for sale of land, it is implied that the vendor is to make a good title to the land for an estate in fee simple … and profits, and the purchaser as a rule is accountable for interest on the unpaid price. See further CONDITIONS OF SALE, VENDORS LIEN, NOTICE, LAND CHARGES.
Trust for sale
v. Lord Dartmouth, (1802) 7 Ves 137, applying to all cases in the absence of directions, express or implied, to the contrary, that where a residue was settled by will upon legatees in succession, wasting property must … s. 28 (2). S. 28 (3) gives power to the trustees to partition the land subject to the conditions and provisions of the sub-section. S. 29 provides for delegation of powers; s. 30 for applications to the
Common employment
exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils … the service of the employer, nor engaged in his work':' (i) By reason of a defect in the condition of the works or plant connected with or used in the business of the employer, Fanton v. Denville,
trust
be distributed and principal may be distributed compare simple trust in this entry constructive trust 1 : an implied trust imposed by a court to prevent the unjust enrichment of one who has wrongfully obtained (as through … competition compare antitrust 3 a : a charge or duty imposed in faith or confidence or as a condition of some relationship b : something committed or entrusted to one to be used or cared for in
Notice to quit
to determine such tenancies by a regular notice to quit. A mere agent to receive rents has no implied authority to give a notice to quit, but an agent to receive rents and let has authority to … service and expiration of a formal notice to quit on a controlled tenant are as a rule a condition precedent to an action for recovery of the premises or ejectment in the county courts. Consult Foa or
Possession
which is cont-rolled, such as horses, sheep or cattle within a fenced field, but see FER' NATUR'. A condition of possession is the intent to control. Possession may connote different kinds of control according to the nature … possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301. Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it
Partnership
being the only previous statutory enactments on the subject. Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership … so in a limited partnership, the parties are to a great extent free to make whatever terms and conditions they please for controlling their actions inter se. but there are certain things which a limited partners must
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