Implied Condition - Law Dictionary Search Results
Fieri feci
which debtor passed title to property to creditors by a formal act of sale, yet with express or implied agreement that the creditor would reconvey property once debt was paid, Black's Law Dictionary, 7th Edn., p. 640. … Fiducia. If a man transferred his property to another, on condition that it should be restored to him, this contract was called fiducia, and the person to whom the
Desertion
Sri Devi, (2002) 1 SCC 308: AIR 2002 SC 88 (91). [Hindu Marriage Act, 1955, s. 13(1)(ib)] Desertion, implies an abandonment against the wish of the person charging it. [(English) Divorce Act, 1869, s. 3(a)] Desertion is … 1955, s. 13(1)(1b)] For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to
obligation
his or her portion of the performance. natural obligation : an obligation arising from moral duty that is implied but not enforceable by the law several obligation 1 : any of the obligations binding different obligors to … party is bound to perform for the other's benefit, and, in the case of conventional obligations, a cause. conditional obligation : an obligation that is dependent on an uncertain event conventional obligation : an obligation taking the
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Renewal of lease
of renewal to the lessor, etc., and endorsement by the latter of notice of such production, is also implied in a lease before the 1st January, 1927. Disputes as to notices to quit or right to renewal … Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly
Lease
termination the same is handed over to the lessor subject to the terms of the contract, express or implied, State of Karnataka v. Subhash Rukhmayya Guttedar, AIR 1993 SC 860: (1993) Supp 3 SCC 290. An agreement … are assigned to the Chancery Division of the High Court. See LANDLORD AND TENANT; COMPENSATION; GOODWILL; APPORTION-MENT; FORFEITURE; CONDITION; RENEWAL; also Chitty's Statutes, tit. 'Landlord and Tenant'; and consult Foa, Woodfall or Redman on Landlord and Tenant.
Cause of action
SC 416 (422): (2001) 2 SCC 294. [Civil Procedure Code, (5 of 1908), s. 20] Cause of action implies a right to sue. The material facts which are imperative for the suitor to allege and prove constitute … of the right or the immediate occasion for the action. In the wider sense it means the necessary conditions for the maintenance of the suit, including not only the infraction of the right, but the infraction coupled
Necessaries
supplying goods. See Lush, 'Husband and Wife.' See HUSBAND AND WIFE. The master of a ship has an implied authority to bind the owner to pay for 'necessaries' for the ship ordered by the master at any … QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT. Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,'
Registration of title of land
A purchaser for value of registered land with any title but possessory is not affected by trusts, express, implied, or constructive (s. 74). A possessory title is affected by trusts arising prior to the first registration, of … and further, under s. 77, the registrar may change the possessory in to absolute title under the statutory conditions if the land was registered before the 1st January, 1926, or, if first registered after that date the
Attornment
which they are not prejudiced by the payment of any rent to the grantor, or breach of the condition for non-payment, and by the same section of the (English) Act of 1925, replacing the (English) Distress for … in favour of the person who has derived his title or supposed title from the original landlord. It implies a continuity of the tenancy created by the original landlord in favour of the tenant. It is in
Mortgage
mortgage--an incident unextinguishable, save by a foreclosure decree, a sale by the mortgagee under a power, express or implied, in that behalf, a legislative provision, or unreasonable delay. see CLOG ON EQUITYOF REDEMPTION. A provision rendering a … a creditor. A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is
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