Intent To Use - Law Dictionary Search Results
Home Dictionary Name: intent to use Page: 6Lease 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...
Regulation and restriction
Regulation and restriction, a distinction between 'regulation' and 'restriction' or 'prohibition' has al-ways been drawn, ever since Municipal Corporation of the City of Toronto v. Virgo, 1896 AC 88: 73 LT 449. 'Regulation' promotes the freedom or the facility which is required to be regulated in the interest of all concerned, whereas 'prohibition' obstructs or shuts off, or denies it to those to whom it is applied. The Oxford English Dictionary does not define 'regulate' to include prohibition so that if it had been the intention to prohibit the supply, distribution, consumption or use of energy, the Legislature would not have contended itself with the use of the word 'regulating' without using the word 'prohibiting' or some such word to bring out that effect, State of U.P. v. Hindustan Aluminium Corpn., AIR 1979 SC 1459 (1466): (1979) 3 SCC 229: (1979) 3 SCR 709....
Equivocate
To use words of equivocal or doubtful signification to express ones opinions in terms which admit of different senses with intent to deceive to use ambiguous expressions with a view to mislead as to equivocate is the work of duplicity...
child
child pl: chil·dren 1 : a son or daughter of any age and usually including one formally adopted compare issue NOTE: The word child as used in a statute or will is often held to include a stepchild, an illegitimate child, a person for whom one stands in loco parentis, or sometimes a more remote descendant, such as a grandchild. In interpreting the word child as used in a will, the court will try to effectuate the intent of the person who made the will as it can be determined from the language of the will. 2 : a person below an age specified by law : infant minor [assault on a under 16 years of age] compare adult NOTE: A person who is below the statutory age but is married will usually be considered an adult. ...
residence
residence 1 : the act or fact of living in a place 2 a : the place where one actually lives as distinguished from a domicile or place of temporary sojourn [a person can have more than one but only one domicile] NOTE: A distinction is usually maintained between domicile and residence based on the relative permanency of a domicile and the intent to make it a principal place of abode. In some contexts, however, such as for determining proper venue domicile and residence are used as synonyms. Similarly residence and domicile are sometimes used as synonyms with regard to the place of incorporation of a business. b : a place in which a corporation does business or is licensed to do business 3 : the status of a resident 4 : dwelling ...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
brenschluss
the time at which the engines of a rocket stop firing the termination of the firing of the rocket engines whether due to intentional shutdown of the engines or exhaustion of the fuel This term was used mostly in the early days of rocketry when only one firing sequence occurred for rockets which were used as ballistic missiles or for experiments in rocketry or atmospheric science...
Assignee
Assignee, means one to whom property rights or powers are transferred by another use of the term is so widespread that it is difficult to ascribe positive meaning to it with any specification. Courts recognize the protean nature of the term and are therefore often forced to look to the intent of the assignor and assignee in making the assignment, rather than to the formality of the use of the term assignee in defining rights and responsibilities, Black Law Dictionary 7th Edn., p. 114....
Bull
Bull [fr. bulla, Lat., a stud or boss], a brief or mandate of the Pope or Bishop of Rome, so called from the seal of lead or gold affixed to it, upon which was engraved on one side an image of St. Paul on the right of a cross, and that of St. Paul on the right of a cross, and that of St. Peter on the left, and on the other the Pope's name, and the year of his pontificate.To procure, publish, or put in use any of these is made treason, punished by death, by 13 Eliz. c. 2. That Act, though long previously obsolete, was not expressly repealed until 1846, and then only by an Act [(English) Religious Disabilities Act, 1846 (9 & 10 Vict. c. 59()] repealing it so far only as the same imposes the penalties or punishments therein mentioned.A cant term used in the Stock Exchange to denote one who has bought stocks or shares with the intention of reselling on a rise in the market value. It may be applied either to a purely speculative purchaser or to one who makes a temporary investment. See BEAR...
Discrimination
Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an unfair classification, Video Electronics P. Ltd. v. State of Punjab, AIR 1990 SC 820 (832): (1990) 3 SCC 87. [Constitution of India, Art. 304(a)]The Constitution of India prohibits the State from discriminating against any citizen in respect of any employment under it on the grounds of religion, race, caste sex, etc., Constitution of India, Art. 16(2).In India, Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, sex, place of birth or any of them by putting restriction on their access and use certain public places, Constitution of India, Art. 15(1) and (2).The State is empowered to make special provisions for women, children socially and educationally backward classes, Scheduled Castes and Scheduled Tribes citizens in this regard, Con...
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