Land Bank - Law Dictionary Search Results
Home Dictionary Name: land bank Page: 2Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
Dearle v. Hall
Dearle v. Hall. The rule which takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment, Ryall v. Rowles, 1 Ves Sess 348. Before 1926 the rule was that the priority of equitable assignments of debts and other choses in action was determined by priority in date of notice to the trustees or other owners of the legal interest in the property assigned, see Ward v. Duncombe, 1893 AC 369. The rule did not extend to equitable interests in land except to proceeds of land held on trust for sale, see Lloyd's Bank v. Pearson, (1901) 1 Ch 685, and QUI PRIOR EST TEMPORE POTIOR EST JURE. S. 137 of the Law of Property Act, 1925, has extended the rule to dealings with equitable interests in land, capital money (see s. 205(1)(xxvi.) of the Act), and securities representing capital money effected after 1925. To effect priority among competing assi...
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
Close
Close, a field or piece of land parted off from other fields or common land by banks, hedges, etc. Every entry upon another's land (unless by the owner's leave, or in some very particular cases) is an injury or wrong, for which an action of trespass will lie to recover such damages as a jury may think proper to assess, and this injury is called trespass quare clausum fregit, or trespass for breaking a man's close....
Agistment
Agistment [fr. jacere,:at.; gesir, Fr., to lie, whence giste, a lodging], the taking in of other men's cattle into pasture-land, at a certain rate per week, without letting them the land for their exclusive use as tenants; so called because the cattle are suffered agiser, i.e., to be levant et couchant there. Also the profit of such feeding. As to the extent to which the 'agister' is liable for negligence in the keeping of the cattle, see Halestrap v. Gregory, (1895) 1 QB 561. A restriction upon the power of distraining agisted cattle (in some parts of the country called 'tacks') for rent is imposed by s. 35 of the Agricultural Holdings Act, 1923. See also Manwood's Forest Laws, cc. 11-80, where to 'agist' is to take in and feed strangers' cattle in the Royal Forest and to collect the money due for it. Agistment does not include a right of lien, Chapman v. Allen, 1631 Cro Car 271.Agistment of sea banks [terr' agitat', Lat.] is where lands are charged with a tribute to keep out the sea....
Representation
Representation, by public bodies, associations or individuals ventilating individual grievances are considered by Petitions Committee of Lok Sabha. Representations in the form of letters, telegrams, copies of resolutions are treated as representation and considered by the Petitions Committee, representations relating to the proceedings in the House or conduct of member are also considered by Petitions Committee Practice and Procedures of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964.Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235.Representation, means a statement regarding a fact, A Dictionary of Law, Willium C. Anderson, 1889, p. 882.Representation, standing in the place of another for certain purposes, as heirs, executors, or administrators. See EXECUTOR; ADMINISTRATOR; PERSONAL REPRESENTATIVE; REAL REPRESENTATIVE.A presentation of fact-either by words or...
Reliction
Reliction, the sudden recession of the sea from land. See DERELICT LANDS.A process by which a river or stream shifts its location, causing recession of water from its bank, Black's Law Dictionary, 7th Edn...
Management of the society
Management of the society, the expression 'management of the Society' used in s. 96(1) of the Act of 1961. Grammatically, one meaning of the term 'management' is: 'the Board of Directors' or 'the apex body' or 'Executive Committee at the helm which guides, regulates, supervises, directs and controls the affairs of the Society'. In this sense it may not include the individuals who under the overall control of the governing body or Committee, in the day-to-day business of the Society, see words and phrases, by West publishing Co., Permanent Edition, Vol. 26, page 357, citing Warner and Swasey Co. v. Rusterholz D. C. Minn, 41 F Supp 398. Another meaning of the term 'management', may be: 'the act or acts of managing or governing by direction, guidance, superintendence, regulation and control, the affairs of a Society', Gujarat State Co-operative Land Development Bank Ltd. v. P.R. Mankad, AIR 1979 SC 1203: (1979) 3 SCC 123: (1979) 2 SCR 1023....
alluvion
alluvion : material (as clay, silt, sand, or gravel) deposited by running water ;esp : the land added by the gradual or imperceptible accumulation of such material along a bank or shore [ formed in front of the property of several owners is divided equitably "Louisiana Civil Code"] ...
Interval
A tract of low ground between hills or along the banks of a stream usually alluvial land enriched by the overflowings of the river or by fertilizing deposits of earth from the adjacent hills Cf Bottom n 7...
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