Limitation Act - Law Dictionary Search Results
Remainder
not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, … has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests. A remainder may be limited in all freehold
Tail
the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)] The limitation of an estate so that it can be inherited only by the fee owner's issue or class of
Trust
give, having regard as a rule to the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a … and (2) temporary, when there is one particular duty only to perform. Again, trusts may be passive or active. A trust being, in contemplation of equity, the substantial ownership of or control over property, the person having
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Adverse possession
person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, … alienable right, Amrendra Pratap Singh v. Tej Bahadur Prajapati, (2004) 10 SCC 65 (80): AIR 2004 SC 3782. (Limitation Act, 1963, Art. 65 and s. 27) In the conception of adverse possession there is an essential and basic
Settled land
could transfer either of these if settled entirely to a purchaser for value without being affected by the limitations and trusts of the settlement. To effect this, the entire legal estate comprised in the settlement is now … Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement;
Perpetuity
Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293. Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to … a person who died before that date, and subject to s. 163 of the (English) Law of Property Act, 1925, infra, to all limitations after that date, if the rule be exceeded, the limitation is wholly void
Executory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it … taking effect by several different means, although the stringency of this rule was mitigated by the (English) R.P. Act, 1845 (8 & 9 Vict. c. 106), s. 8, which provided against failure upon premature determination of any
Sufficient cause
be shown by courts to a private party when he claims the protection of s. 5 of the Limitation Act should also be available to the State. The words 'sufficient cause' should receive a liberal construction so as … 749: (1972) 1 SCC 366: (1972) 2 SCR 874. The expression 'sufficient cause' in s. 5 of the Limitation Act must receive a liberal construction so as to advance substantial justice, G. Ramegowda v. Spl. Land Acquisition Officer,
Service of notice/notice
Service of notice/notice, according to Art. 158 of the First Schedule to the Indian Limitation Act, the period of limitation for an application to set aside an award under the Arbitration Act, 1940, begins … one, Nilkantha Sidramappa Ningashetti v. Kashinath Somanna Ningashetti, AIR 1962 SC 666 (669): (1962) Supp 2 SCR 551. (Limitation Act, 1908, Art. 158)
Limited liability
have always limited the liability of each shareholder to the amount of the shares held by him. Similar limitations, extending in some cases to double the amount of shares held, have also long been found (though not … have also long been found (though not universally) in the charters of incorporated banks and insurance companies. Companies Acts.--Under the Companies Acts, limited liability means that the members are not liable beyond the unpaid-up part (if any)
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