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Just Compensation - Law Dictionary Search Results

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Copyhold

Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...


Person interested

Person interested, includes a person engaged in, or in promoting, research in the same field as that to which the invention relates. [Patents Act, 1970 (39 of 1970), s. 2(t)]The definition of the 'person interested' must be liberally construed so as to include a body, local authority, or a company for whose benefit the land is acquired and who is bound under an agreement to pay the compensation, Himalaya Tiles and Merbles (P) Ltd. v. Francis Victor Countinho, AIR 1980 SC 1118 (1120): (1980) 3 SCC 233: (1980) 3 SCR 235. [Land Acquisition Act, 1844, s. 18]The expression 'person interested' included all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land, General Government Servants Cooperative Housing Society Ltd. v. Wahaz Uddin, AIR 1981 SC 866 (867, 868): (1981) 2 SCC 352: (1981) 3 SCR 46.A person claiming interest in the ...


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...


workers' compensation

workers' compensation 1 : compensation for injury to an employee arising out of and in the course of employment that is paid to the worker or dependents by an employer whose strict liability for such compensation is established by statute NOTE: Where established by statute, workers' compensation is generally the exclusive remedy for injuries arising from employment, with some exceptions. Workers' compensation statutes commonly include explicit exclusions for injury caused intentionally, by willful misconduct, and by voluntary intoxication from alcohol or illegal drugs. 2 : workers' compensation insurance ...


Re-compensation

Re-compensation. Where a party sues for a debt, and the defendant pleads compensation, i.e., set-off, the plaintiff may allege a compensation on his part, and this is called a re-compensation, Scots Law Term....


Tenants' Compensation Act, 1890

Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...


Full compensation

Full compensation. See s. 16 of the Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), Chitty's Statutes, tit. 'Railways,' and s. 17 of the Electric Lighting Act, 1882 (45 & 46 Vict. c. 56), ibid., tit. 'Electric Lighting,' by which 'full compensation' is granted for damage by exercise of the powers under the Acts. See COMPENSATION....


compensation

compensation 1 : the act of compensating 2 in the civil law of Louisiana : the ending of mutual obligations between two people for money or quantities of fungible things usually by operation of law but sometimes by an agreement 3 : something that makes up for a loss [received for the breach of contract] ;specif : payment to unemployed or injured workers or their dependents see also unemployment compensation, workers' compensation 4 : payment for a thing of value tendered or a service rendered [the Senators and Representatives shall receive for their services "U.S. Constitution art. I"] ...


unemployment compensation

unemployment compensation : compensation paid at regular intervals (as by a state agency) to an unemployed worker and esp. one who has been laid off called also unemployment benefit NOTE: Unemployment compensation is usually a fixed percentage of the former wages of an unemployed worker. ...


Compensation and interest

Compensation and interest, The Legislature being well aware of the distinction between compensation and interest thereon employed clear language which leaves no room for doubt that under sub-s. (2) interest was payable in its well-known and well-understood sense and it could never form a part of the compensation money, Chandroji Rao v. Commissioner of Income-tax, (1970) 2 SCC 1582 (1584): AIR 1970 SC 1582: (1971) 1 SCR 422. [Madhya Bharat Abolition of Jagir Act (28 of 1951), s. 8(2)]...



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