Operative Words - Law Dictionary Search Results
Home Dictionary Name: operative words Page: 2Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Set up and established
Set up and established, the word 'set up' in clause (xxi) of s. 5(1) of the Wealth Tax Act, 1957, is equivalent to the word 'established', but operations for establishment cannot be equated with the establishment of the unit itself or its setting up, Commissioner of Wealth Tax v. Rama Raju Surgical Cotton Mills Ltd., AIR 1967 SC 509 (511): (1967) 1 SCR 761....
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
Trade
Trade [fr. trutta, Ital.], traffic; intercourse; commerce; exchange of goods for other goods, or for money.The business of buying and selling or bartering goods or services, Black's Law Dictionary, 7th Edn., p. 1500.As to contracts in restraint of trade, see RESTRAINT OF TRADE.A 'trade association' means an association of tradesmen, businessmen or manufacturers for the protection and advancement of their common interest, State of Gujarat v. Mahesh Kumar Dhirajlal Thakkar, AIR 1980 SC 1167: (1980) 2 SCC 322.It means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (s)]Means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services. [Competition Act, 2002 (12 of 2003), s. 2(x)]The ...
Mining lease
Mining lease, means for the purposes of the (English) Law of Property Act, 1925, a lease for mining purposes, that is, the searching for, winning, working, getting, making merchantable, carrying away, or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes [s. 205 (1) (xiv.), ibid.].'Mining lease', according to s. 3(d) of 1948 Act, means a lease granted for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of minerals or for the purposes connected therewith and includes an exploring or a prospecting license. 'Mining lease', according to Rule 3(i) of 1949 Rules means a lease to mine, quarry, bore, dig and search for, win, work and carry away any mineral specified therein. s. 3(c) of 1957 Act defines 'mining lease' to mean a lease granted for the purpose of undertaking mining operations and includes a sub-lease granted for mining operations, Gujarat Pottery Works v. B.P...
Undertake any operation in the land
Undertake any operation in the land, the words used in the s. are 'to undertake any operations in the land' which, according to the Concise Oxford Dictionary means 'to enter upon (work, enterprise, responsibility)'. The meaning of the provision, therefore, is that what the lessee is prohibited from doing is something which he was not doing at the date of the notification though he was authorised to do it under his lease, Burrarkar Coal Co. Ltd. v. Union of India, AIR 1961 SC 954 (958): (1962) 1 SCR 44. [Coal Bearing Areas (Acquisition and Development) Act, 1957, s. 5(b)]...
Limitation, words of
Limitation, words of, those which operate by reference to, or in connection with, other words, and extend or modify an estate given by such other words, as 'heirs,' 'heirs of the body.' See 1 Smith's Real and Pers. Prop., 4th 3d. 63-65, 160. As to deeds executed after December 31, 1881, see (English) Conveyancing Act, 1881, s. 51; Re Ethel, (1901) 1 Ch 945; and as to deeds executed after 1925, (English) Law of Property Act, 1925, ss. 60 and 130....
Ruler
Ruler, art. 366(22) defines a 'Ruler' in relation to an Indian State as meaning the Prince, Chief, or other person by whom any such covenant or agreement as is referred to in clause (1) of Art. 291 was entered into and who for the time being is recognised by the President as the Ruler of the State, and includes any person who for the time being is recognised by the President as the successor of such Ruler. There is no substance in the contention that the impugned Act is void because the definition of the word 'ruler' is inconsistent with Article 366(22) of the Constitution. There is no doubt that the definition of the word 'Ruler' prescribed by s. 2(h) of Act is wider than that prescribed by Art. 366(22). The definitions prescribed by Article 366 are intended for the purpose of interpreting the articles in the Constitution itself, unless the context otherwise requires. The whole object of defining the word 'ruler' in the Act is to specify and described the lands in respect of which the...
Producer
Producer, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work. [Copyright Act, 1957 (14 of 1957), s. 2 (uu)]In relation to a feature film, means the person by whom the arrangements necessary for the making of such film (including the raising of finances and engaging cine-workers for the making of such film) are undertaken. [Cine-workers and Cinema Theatre Workers (Regulations of employment) Act, 1981 (5 of 1981), s. 2(h)]In relation to goods, means any person who,--(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;(ii) if such goods are natural goods, exploits the goods;(iii) if such goods are handicraft or industrial goods, makes or manufacture the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods. [Geographical Indications of Goods (Registr...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
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