Person Interested - Law Dictionary Search Results
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direct skip : a generation-skipping transfer of an interest in property to a skip person : a transfer that is to a person two or more generations below the person making the transfer or to a trust in which all interest is held by such persons and that is subject to generation-skipping transfer taxes compare taxable distribution, taxable termination ...
Curtesy of England
Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...
Lives
Lives, Estate for. A lease to A. during the life of another or the lives of others was a tenure of very long standing in England, chiefly in the west and north, or where the lease was granted by a corporation, and in Ireland. Now such a lease is either a lease for 90 years determinable by notice after any event determining the term under the original demise as provided by the (English) Law of Property Act, 1925, s. 149, if the lease is at a rent or in consideration of a fine, or is a converted copyhold lease for life without right of perpetual renewal under Part V of the (English) L.P.Act, 1922. In all other cases it is an equitable interest and governed by the Settled Land Act,1925. The tenant under the lease was called a tenant pur autre [or auter] vie, and the person during whose life the lease is to last, the cestui que vie. By 18 & 19 Car. 2, there is a prima facie presumption of death after seven years; and by the Cestui que Vie Act,1707 (6 Anne, c. 72), an order may be made by t...
Threats
Threats, or menaces of bodily hurt, through fear of which a man's business is interrupted, are civil injuries affecting the right of personal security. The remedy for this species of injury is in pecuniary damages.By the Larceny Act, 1916, s. 30,Every person who with intent:(a) to extort any valuable thing from any person, or(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,(1)publishes or threatens to publish any libel upon any other person whether living or dead; or(2)directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment, with or without hard labour, for any term not exceeding two years.See also, s. 29 (ibid.), as to threats to accuse of certain serious crimes, and BLACKMAIL.Th...
Tout
Tout, 'tout' means a person who procures, in consideration of any remuneration moving from any Advocate or from any person on his behalf, the employment of such Advocate in any legal business, or who proposes to any Advocate to procure, in consideration of any remuneration moving from such Advocate or from any person on his behalf, the employment of the Advocate in such business, or who for purposes of such procurement frequents the precincts of the Court. In re Sant Ram AIR 1960 SC 932: (1960) 3 SCR 499.-means a person-(a) who procures, in consideration of any remunera-tion moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or(b) who for the purposes of such procurement frequents the precincts of Civil or Crimina...
Quiet enjoyment
Quiet enjoyment. A qualified covenant for quiet enjoyment is usually inserted in leases and excludes the implied covenant, which is far more extensive. For the implied covenant may guarantee the lessee against any lawful entry whatever, whereas the express covenant, as usually worded, guarantees the lessee only against entry by the lessor or persons 'claiming by, from, or under him,' so that a lessor having no title to the demised premises may safely enter into the qualified covenant for quiet enjoyment, for an ejectment of the lessee by the real owner would not be an ejectment by a person claiming by the lessor, but against him, See Woodfall, L. & T., and Baynes v. Lloyd, (1895) 2 QB 610; Jones v. Lavington, (1903) 1 KB 253.A covenant for quiet enjoyment is implied by virtue of s. 7 of the (English) Conveyancing Act, 1881, reproduced under ss. 76 and 77 of the Law of Property Act, 1925, Sched. 2, Parts 1, 2, in any conveyance for value made after the commencement of that Act by a pers...
Office of profit under the government
Office of profit under the government, the term 'office of profit under the government' used in clause (a) is an expression of wider import than a post held under the government which is dealt with in Part XIV of the Constitution. The true principle behind this provision in Article 102(1)(a) is that there should not be any conflict between the duties and the interest of an elected member. Government controls various activities in various spheres and in various measures. But to judge whether employees of any authority or local authorities under the control of government become government employees or not or holders of office of profit under the government, measure and nature of control must be judged in the light of the facts and circumstances in each case so as to avoid any possible conflict between personal interests and duties, Ashok Kumar Bhattacharyya v. Ajoy Biswas, AIR 1985 SC 211: (1985) 1 SCC 151: (1985) 2 SCR 50.(ii) The term holding 'office of profit under the government' use...
access
access often attrib 1 : permission, liberty, or ability to enter, approach, communicate with, or pass to and from a place, thing, or person [public to federal land] [ to the courts] 2 : opportunity for sexual intercourse 3 : a landowner's legal right to pass from his or her land to a highway and to return without being obstructed 4 : freedom or ability to obtain, make use of, or participate in something [the right to equal treatment holds with respect to a limited set of interests — like voting — and demands that every person have the same to these interests "L. H. Tribe"] 5 a : a way by which a thing or place may be approached or reached b : passage to and from a place [provide a means of to the land] 6 : opportunity to view or copy a copyrighted work ...
Trade Association
Trade Association, a 'trade association' means an association tradesmen, businessmen or manufac-turers for the protection and advancement of their common interest, Commissioner of Income Tax v. Royal Western India Turf Club Ltd., AIR 1954 SC 85: (1954) SCR 289. [Income Tax Act, 1922, s. 10(6)]Means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interests of its members or of persons represented by its members. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2(t)]...
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
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