Operative Part - Law Dictionary Search Results
Home Dictionary Name: operative partOperative part
Operative part. The operative part of a formal instrument consists of the words which carry out the principal object or objects of the instrument....
Recital
Recital, is evidence as against the parties to the instrument and those claiming under them and in an action on the instrument itself, the recitals operate as an estoppel, though would not be so on a collateral matter, Ram Charan Das v. Girja Nandini Devi, AIR 1966 SC 323: (1965) 1 SCWR 837: (1966) 1 SCJ 61.The rehearsal or making mention in a deed or writing of something which has been done before, 1 Lilly Abr. 416. As to how far the recitals govern the construction of a deed the rule is as follows:-If the recitals are clear and the operative part is ambiguous, the recitals govern the construction. If the recitals are ambiguous, and the operative part is clear, the operative part must prevail. If both the recitals and the operative part are clear, but they are inconsistent with each other, the operative part is to be preferred [Ex parte Dawes, (1886) 17 QBD 286, per Lord Esher, M.R.]. As between the parties to a deed and for its purposes only and subject to the intention of the partie...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Operator
Operator, means a person employed directly or by or through any agency (including a contractor, whether as a regular worker or as a casual worker, with or without the knowledge of the principal employer, whether for remuneration or not, in the operation or cleaning of any dangerous machine or any part thereof or in any other kind of work incidental to, or connected with, the operation or cleaning of any dangerous machine or any part thereof. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3(k)]Operator is defined by s. 2(b) of the Act as amended by Act 4 of 1973 as the owner or the person having possession or control of the vehicle and includes any person whose name is entered in the permit as the holder thereof. This definition is wide enough to include the appellant-company who was owner of the vehicles and on the date of the notice of demand it had further possession and control of the vehicles, Sundaram Finance Ltd. v. Regional Passport Officer, 1992 Supp (2) SCC 436: A...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
Operative words
Operative words. The words in the formal part of an instrument which carryout or effect the contention of the parties, e.g., 'grant' or 'bargain and sell' in a conveyance. See DEED....
Co-operative society
Co-operative society, means a co-operative society registered under the Co-operative Societies act, 1912, or under any other law for the time being in force in any State for the registration ofco-operative societies. [Wealth-tax Act, 1957(27 of 1957), s. 2 (ha)]Means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3 (h)]Means a society registered or deemed to be registered under the Co-operative Societies Act, 1912, or any other law for the time being in force in any State relating to co-operating societies. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (10)]The expression 'co-operative society' in cl. 2 of the scheme meant only a consumers co-operative society and no other, Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, (1981) 4 SCC 471: AIR 1981 SC 2030 (2035). [Madhya Pradesh Foodstuffs Civil Supply Distribution Sche...
Co-operative year
Co-operative year, A co-operative year means the year commencing the first day of July and ending on June 30, of next following, Ziley Singh v. Registrar, Cane Co-operative Societies, (1972) 3 SCR 149: (1972) 1 SCC 719 (723): AIR 1972 SC 758. (U.P. Co-operative Societies Act, 1965)In relation to any multi-State co-operative society or class of such societies, means the year ending on the 31st day of March of the year and where the accounts of such society or class of such societies are, with the previous sanction of the Central Registrar, balanced on any other day, the year ending on such day. [The Multi-State Co-operative Societies Act, 2002 (37 of 2002), s. 3 (i)]...
Extra-territorial operations
Extra-territorial operations, the words 'extra-territorial operation' are used, in two different senses as connoting firstly, laws in respect of acts or events which take place inside the State but have operation outside, and secondly, laws with reference to the nationals of a State in respect of their acts outside, that in its former sense, the laws are strictly speaking intra-territorial though loosely termed 'extra-territorial', and that under Art. 245(1) it is within the competence of the Parliament and of the State Legislatures to enact laws with extra territorial operation in the sense. The words 'laws with extra-territorial operation' in Article 245(2) must be understood in their second and strict sense as having reference to the laws of a State for their nationals in respect of acts done outside the State. Otherwise, the provision would be redundant as regards legislation by parliament and inconsistent as regards laws enacted by States, Bengal Immunity Co. Ltd. v. State of Biha...
Federal co-operative
Federal co-operative, means a federation of co-operative societies registered under this Act and whose membership is available only to a co-operative society or a multi-State co-operative society. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3 (k)]...
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