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Property

an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252. Comprises every form of tangible property, even intangible, including debts and chooses … or any other business or commercial right of similar nature. [The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, s. 2(t)] Means any property of assets or every description, whether corporeal or

Irish and Scots Courts' Judgments

countries. See also Part II. of the Administration of Justice Act, 1920, extended by the Foreign Judgments (Reciprocal Enforcement) Act, 1933 (23 Geo. 5, c. 13), s. 7, which made provision fo the reciprocal enforcement of judgments … thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly

Floating charge

a going concern, or until the creditor in some way or other intervenes, See Government Stock, etc., Co. v. Manila Ry. Co., 1897 AC 86, per Lord Macnaghten. The charge becomes fixed and enforceable by the charges … Stock, etc., Co. v. Manila Ry. Co., 1897 AC 86, per Lord Macnaghten. The charge becomes fixed and enforceable by the charges as soon as the company goes into liquidation, even for the purpose of reconstruction [Crompton

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Habeas corpora juratorum

p. 856. In India every High Court is empowered to issue the prerogative writ of habeas corpus for enforcement of fundamental rights and for any other purpose, Introduction to Study of the Law of the Constitu-tion, A.V.

Due

time. Due, normally refers to an amount which the creditor has a right to recover, State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657. May, on the one hand express the mere fact, or the state, … on the other hand, it may refer to the time of payment, indicating that the obligation is immediately enforceable, and is then an equivalent of payable, GEI Engineering Ltd. v. Asst. Commr., Comrl. Tax (M.P.), (2006) STC

Bandh

fundamental freedoms of other citizens, in addition to causing national loss in many ways, Communist Party of India(M) v. Bharat Kumar, AIR 1998 SC 184: (1998) 1 SCC 201. (Constitution of India, Art. 19) … the basis of this distinction it can be concluded that there cannot be any right to call or enforce a 'Bandh' which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing

By contract or otherwise

must be referable to some contractual or other arrangement enforceable in law or in equity, George Da Costa v. Controller of Estate Duty, (1967) 1 SCR 1004: AIR 1967 SC 849 (851): (1967) 63 ITR 497. (Estate … that the possession of the donor of the gift must be referable to some contractual or other arrangement enforceable in law or in equity, George Da Costa v. Controller of Estate Duty, (1967) 1 SCR 1004: AIR

Chinese

Immigration Restriction Act, 1888, of New South Wales) have passed many Acts restricting Chinese immigration, and in Musgrove v. Chung Teeong Toy, 1891 AC 272, it was held by the Judicial Committee of the Privy Council that … by the Judicial Committee of the Privy Council that a Chinese immigrant or other alien has no right enforceable by action to enter British territory

Things done, action taken and right accrued

acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980) 1 SCR 684 … if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980)

Investigation

under the direction of a Magistrate to make an investigation vested with the power of investigation. Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775: (1994) 3 SCC 440. Includes all the proceedings under this Code … collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b)

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