Person Interested - Law Dictionary Search Results
Home Dictionary Name: person interested Page: 4Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Watandar
Watandar, the definition of 'watandar' in s. 4 of the Bombay Hereditary Offices Act which is in two parts-first setting out what 'watandar' means and the other stating what is included in it- should be regarded as constituting one whole definition, and it would be wrong to regard the meaning portion as primary and the inclusive part as illustrative. The Watan Act contemplated two classes of persons. One is a larger class of persons belonging to the watan families having a hereditary interest in the watan property as such and the other a smaller class of persons who were appointed as representative watandars and who were liable for the performance of duties connected with the office of such watandars. It would not be correct to limit the word 'watandar' only to his narrow class of persons who could claim to have a hereditary interest both in the watan property and in the hereditary office. Watan property had always been treated as property belonging to the family and all persons belongi...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Intoxicating liquor
Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...
Interested witness
Interested witness, a close relative who is a natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the witness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason, Kartik Malhar v. State of Bihar, (1996) 1 SCC 614 (620).A witness is not excluded from giving evidence by reason of his interest in the matter in question, 6 & 7 Vict. c. 85, s. 1.Means a close relative who is a very natural witness cannot be termed as an interested witness. The term interested postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1...
succession
succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, position, title, or throne [the sequence of to the presidency] b : the right of a person or line of ancestry to succeed c : the line of ancestry having such a right 2 a : the act or process of following in order b : the act or process of one person's taking the place of another in the enjoyment of or liability for rights or duties or both 3 : the act or process by which a person becomes entitled to the property or property interest of a deceased person and esp. an intestate : the transmission of the estate of a decedent to his or her heirs, legatees, or devisees ;also : the estate of the deceased including assets and liabilities used chiefly in the civil law of Louisiana intestate succession 1 : the transmission of property or property interests of a decedent as provided by statute as distinguished from the transfer in accordance with the decedent's wi...
Appropriation, powers of
Appropriation, powers of. The Administration of Estates Act, 1925, s. 41,has conferred on personal representatives a general power to appropriate any part of the real or personal estate (including things in action) of the deceased in its actual condition or state of investment at the time of appropriation in or towards satisfaction of any legacy or interest or share in his property as to the personal representative may seem just or reasonable having regard to the rights of the persons interested in that property subject to the consent of the person entitled to that part, or to the income (if the share is settled), or of his parent, guardian, committee or receiver if he is under incapacity owing to infancy or otherwise. No other consents are required and provision is made for dispensing with any consent. Any property when duly appropriated is to be treated as an authorized investment. An appropriation with consent under this Act is subjected to an ad valorem duty as a conveyance. Aliter...
Mesne profit
Mesne profit, of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (12)]As defined in s. 2(12) of the Code of Civil Procedure, 1908 are profits which the person in wrongful possession of property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but do not include profits due to improvements made by the person in wrongful possession. The normal measure of mesne profits is the value of the user of land to the person in wrongful possession, Fateh Chand v. Balkishan Dass, AIR 1963 SC 1405 (1413): (1964) 1 SCR 515. [Code of Civil Procedure, 1908, s. 2(12)]...
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