Natural Right - Law Dictionary Search Results
Home Dictionary Name: natural right Page: 6Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Temple
Temple, is as 'an edifice or place regarded primarily as the dwelling place or 'house' of a deity; hence an edifice devoted to divine worship. Historically, the word is applied to sacred buildings of Egyptians, Greeks, Romans, etc., but now to those of Hindu-ism, Buddhism, Confucianism, Taoism, Shintoism, etc.' The essence of the matter is the existence of a place of public religious worship. In the case of a temple, it becomes a place of public religious worship when the idol is installed and consecrated and the pranaprathishta or vivification ceremony is performed. 'Until then, it is elementary knowledge that the image does not become an object of worship. The deity does not begin to reside in the Idol (the visible image) until the consecration or the appropriate ceremony is completed, T.V.D. Naidu v. Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras, AIR 1989 Mad 60. (See also New English Dictionary, Vol. IX, Part II)Means a place, by whatev...
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
Claim
Claim [fr. clamer, Fr.; clamo,Lat., to call], a challenge of interest of anything which is in another's possession, or at least out of a man's own possession, as claim by charter, descent, etc., Plow, 359 a. Any assertion of a right to a remedy, relief or property, either general, or before a tribunal, a pleading in an action, see County Courts Act, 1934, and STATEMENT OF CLAIM.Means 'a demand for something as due' or 'to seek or ask for on the ground of right', Hameedia Hardware Stores v. B. Mohan Lal Sowcar, (1988) 3 SCR 384: (1988) 2 SCC 513: AIR 1988 SC 1060 (1068). [T.N. Buildings (Lease and Rent Control) Act (18 of 1960), s. 10 (3)(a)(iii)]1. The aggregate of operative facts giving rise to a right enforceable by a court. 2. The assertion of an existing right, Black's Law Dictionary, 7th Edn., p. 240.Claim, the natural construction of the words taken in context is that 'claim' is referring to an order for costs in the current proceedings against the claimant, rather than a hypothe...
Vacation, eviction
Vacation, eviction, eviction requires vacation of the land and vacation does not mean that anything done upon the land which was unauthorised is to be allowed to remain and only the person responsible for doing the unlawful act is to be removed from the land. The words 'eviction' and 'vacation' do not mean mere physical removal of the occupant is clear from the very nature of the right which the respondent in the present case had. His right was confined to the use and occupation of the land for the purpose for which he held it from Government, i.e., for agricultural purposes and when he is evicted and is asked to vacate the land, it must mean that his rights come to an end. For the purpose of vacation it is necessary that any unauthorised construction put up must also be removed otherwise there cannot be any vacation of the land nor can the land be put to effective use for the purpose for which agricultural lands are normally accepted to be used, State of Bombay v. Fakir Umar Dhanse, A...
land
land 1 : an area of the earth usually inclusive of improvements, bodies of water, and natural or man-made objects and extending indefinitely upward and downward compare air right 2 : an estate, interest, or right in land [ means both surface and mineral rights "California Public Resources Code"] ...
Accession
Accession [fr. accedo, Lat.], addition, arriving at, the commencement of a sovereign's reign; also the absolute or conditional acceptance by a nation of a treaty already concluded between other countries. The accession of a sovereign takes place immediately upon the death of the preceding monarch. See BILL OF RIGHTS.Accession, means property by. The doctrine of property arising from accession is grounded on the right of occupancy, and derived from the Roman Law; thus if any given corporeal substance receive an accession, either by natural or artificial means, as by the growth of vegetables, the pregnancy of animals, the embroidering of cloth, or the conversion of wood or metal into utensils, the original owner of the thing was entitled by his right of possession to the property of it under its improved state; but if the thing itself by such operation was changed into a different species, as by making wine, oil, or bread out of another's grapes, olives, or wheat (specificatio, Lat.), it...
Ferry
Ferry, the right to carry persons and their goods in boats across a river, and to take toll for such carriage. It is a franchise, and can only be created by a grant from the Crown, prescription which presumes such a grant, or Act of Parliament; see Simpson v. Att.-Gen., 1904 AC 490. The owner if he lose his traffic by the competition of a railway bridge can get no compensation under the Lands Clauses Act, Hopkins v. Great Northern Railway Co., (1877) 2 QBD 224. See also Cowes Urban District Council v. Southampton, etc., Co., (1905) 2 KB 287; Hammerton v. Dysart (Earl), 1916 AC 57; General Estates Co. v. Beaver, (1914) 3 KB 918. As to the duties of common ferrymen, see 1 Shower, 140. As to the acquisition of ferries by local authorities, see the (English) Ferries (Acquisition by Local Authorities) Act, 1919.It includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry. [Railways Act, 1989 (24 o...
Guardianship
Guardianship. The care of and responsibility for a person of non-age or infancy in regard to its person or property, or both. At Common Law, the father is the guardian by nature and nurture but the rights and duties relating to that office have been modified in favour of the mother by the (English) Custody of Infants Act, 1873 (36 & 37 Vict. c. 12, (English) Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27), and 1925 (15 & 16 Geo. 5, c. 45), and the (English) Custody of Children Act, 1891 (54 Vict. c. 3). The main consideration is the welfare of the child. In modern times, guardians may be said to be of six kinds:-(1) Testamentary.--By 12 Car. 2, c. 24, s. 8, the father, and by s. 5 of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the survivor or otherwise, as the Court may direct.(2) Maternal.--Under the Acts of 1886 and 1925, s. 4, on the death of the father, the mother, if ...
Peace, Bill of
Peace, Bill of. This equitable remedy sought repose from perpetual and needless litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that the plaintiff should be quieted in the right if it was already, or if it should be thereafter, established under the direction of the Court. See Sheffield Waterworks v. Yeoman, (1866) LR 2 Ch 8; Kerr on Injunctions.The results obtained by this bill would now generally be obtained by an action in the High Court for a declaration of title and an injunction. See A.P. notes to (English) R.S.C., Ord. XXV., r. 4....
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