Performing Right - Law Dictionary Search Results
Home Dictionary Name: performing right Page: 4Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
strike
strike struck struck also: strick·en strik·ing vi 1 : to remove or delete something 2 : to stop work in order to force an employer to comply with demands vt 1 : to remove or delete from a legal document and esp. from the record of a trial [it struck that part of [the] injunction "National Law Journal"] 2 : to remove (a prospective juror) from a venire 3 : to engage in a strike against (an employer) n 1 : the removal of a potential juror from a venire compare challenge 2 : a concerted work stoppage, interruption, or slowdown by a body of workers to enforce compliance with demands made on an employer see also rent strike Labor Management Relations Act in the Important Laws section compare job action economic strike : a strike that is brought against an employer because of a dispute regarding economic benefits or conditions (as wages) NOTE: Workers engaged in an economic strike can legally be replaced permanently. No-strike clauses in collective bargaining agreements ...
Auctioneers
Auctioneers, licensed agents appointed to sell property and to conduct sales or auctions. They differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers sell by private contract, and auctioneers by public auction.An auctioneer is deemed the agent of both parties; he can bind virtue officii the seller and the purchaser of royalty by his memorandum of the sale under s. 40 of the (English) Law of Properties Act, 1925, replacing in part s. 4 of the Statute of Frauds; but he is only the agent of the seller before the fall of the hammer at the sale. He may sue the purchaser in his own name. An auctioneer is generally remunerated by a commission on the amount realised by the sale, or, if no sale has been effected, on the reserve.As to the right to specific performance when a mistake has been made by the auctioneer, see Re Hare and O'Moore's Contract, (1901) 1 Ch 93; McManus v. Fortescue, (1907) 2 KB 1. It has been held in Scotland that an a...
Person interested in Wakf
Person interested in Wakf, 'person interested in a wakf' means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes, - (i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, Khangah, makbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf; (ii) the wakf and any descendant of the wakf and the mutawalli, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCC 468: (1979) 2 SCR 148....
Person interest in wakf
Person interest in wakf, means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes:(i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, khangah, maqbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf;(ii) the wakf and any descendant of the wakf and the mutawalli. [Wakf Act, 1995, s. 3(k)]...
Essential Characteristics
Essential Characteristics, means such heritable traits of a plant variety which are determined by the expression of one or more genes of other heritable determinants that contribute to the principal features, performance or value of the plant variety, Protection of Plant Varieties and Farmers Rights Act, 2001, s. 2(h)....
Mortgage-deed
Mortgage-deed, includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfer, or creates, to, or in favour of, another, a right over or in respect of specified property. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (17); see also Transfer of Property Act, 1882 (4 of 1882), s. 58(a)]...
Legislation
Legislation, a legislation, it is trite, is not confined to a statute enacted by Parliament or the legislature of a State, which would include delegated legislation and subordinate legislation or an executive order made by the Union of India, State or any other statutory authority. In a case where the field is not covered by any statutory rule, executive instructions issued in this behalf shall also come within the purview thereof. Situs of office of Parliament, legislature of a State or authorities empowered to make subordinate legislation would not by itself constitute any cause of action or cases arising. In other words, framing of a statute, statutory rule or issue of an executive order or instruction would not confer jurisdiction upon a court only because of the situs of the office of the market thereof, Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254 (263).--the making of law; any set of statutes.The distinction between a 'legislative' act and a 'judicial' act is w...
Joint venture
Joint venture, The expression 'joint venture' is more frequently used in the United States. It con-notes a legal entity in the nature of a partnership engaged in the joint undertaking of a particular transaction for mutual profit or an association of persons or companies jointly undertaking some commercial enterprise wherein all contribute assets and share risks. It requires a community of interest in the performance of the subject-matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement, to share both in profit and losses, New Horizons Ltd. v. Union of India, (1995) 1 SCC 478....
Feu, or few
Feu, or few, a free and gratuitous right to lands, made to one for service to be performed by him, according to the proper nature thereof. Feu, in Scotland, means vassal tenure, in contradistinction to ward-holding or military tenure, being that holding where the vassal, in place of military service, makes a return in money which is called the feu-duty or feu-annual. In Scotland it is believed that building land is generally granted on feu, not on lease, so that the landlord granting land for building has not, as in England, a reversion, but grants the land in perpetuity in consideration of a perpetual annual payment. As to the redemption and extinction of incidents to feus in Scotland, see the (English) Feudal Casualties (Scotland) Act, 1914 (4 & 5 Geo. 5, c. 48)....
- << Prev.
- Next >>