Implied Trust - Law Dictionary Search Results
Covenant
could take advantage of it, Co. Litt, 26 a, 231. Covenants running with the land are express or implied covenants which touch and concernthe land and do not create an active personal obligation in connection with the … a covenant, for any words or form of expression which import an agreement will suffice [Re De Ros' Trust, (1885) 31 Ch D 88]. A covenant to do a thing which upon the face of it appears
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, … they leave the act to be done at the Will or the party to whom they are given. Trusts are always imperative and are obligatory upon the conscience of the party entrusted. The test is whether what
Business
s. 24] --Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846. Business includes the activities carried … does for livelihood, occupation, employment, Kesavan Nair v. C.K. Babu Naidu, AIR 1954 Mad 892. Though ordinarily 'business' implies a continuous activity in carrying on a particular trade or avocation, it may also include an activity which
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Title, Covenants for
most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), … of the conveyance without disturbance by the person conveying, or any person claiming by, through, under, or in trust for the person conveying:--That the subject-matter of the conveyance is free from incumbrances by the person conveying or
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 … the offer power of mod·i·fi·ca·tion [mÄ -də-fə-kā-shən] : a power reserved in an instrument (as one creating a trust) to make changes by a specified method power of revocation : a power usually reserved by a person
Person
endowed only with the status or capacity conferred by the charter or statute of incorporation, see CORPORA-TION; COMPANY; TRUST CORPORATION. It does not include a body of persons. [Representation of the People Act, 1950 (43 of 1950), … Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256. Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm
Revocation of agency
formal writing, publicly a advertised; (2) By informal writing to the agent privately; (3) By parol; or (b) Implied from circumstances as by appointing another person to do the same act, where the authority of both would … party is placed under guardianship. (2) Bankruptcy, excepting as to such rights as do not pass to the trustee under the adjudication. (3) Death, unless the authority is coupled with an interest in the thing vested in
Fraud
over others; such are transactions between parent and child, attorney and client, principal and agent, guardian and ward, trustee and cestui que trust, partners, etc. Others are of a mixed character, combining the ingredients of the preceding
Notice
(2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity … Property Act, 1925, sub tit. CONSTRUCTIVE NOTICE, and see LAW OF PROPERTY ACT; (Curtain). The doctrine of constructive trusts has also been narrowed down by the (English) Conveyancing Act, 1911, s.13, reproduced by the (English) Law of
Abstract of title
title to property or power to deal with it. Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) … statutory power of disposal, and in equity every purchaser taking property with notice (qu. vide) of any estate, trust, incumbrance, or interest affecting it took the property subject thereto, but legislation and the practice of conveyancers have
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