Personal Interest - Law Dictionary Search Results
Home Dictionary Name: personal interest Page: 3 Page 3 of about 283 results (0.006 seconds)Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Personally interested
Personally interested, does not imply merely intellectual interest but something of the nature of an expectation of advantage to be gained, or of a loss or some disadvantage to be avoided by one who was said to be so interested, Jokhan Singh v. Marjad Koeri, AIR 1972 Pat 208: (1972) Cr LJ 788: (1977) BLJR 403.The question whether a Magistrate is 'personally interested' in a case within the meaning of s. 556, Criminal Procedure Code, has essentially to be decided on the facts of each case. There is no question that 'personal interest' within the meaning of the section is not limited to private interest, and that it may well include official interest also, Rameshwar Bhartia v. State of Assam, AIR 1952 SC 405: (1953) SCR 126.The words not imply mere intellectual interest of a Judge or the court, but something of the nature of an expectation of advantage to be gained, or of a loss or some disadvantage to be avoided, by the person who was said to be interested in the case, Jokhan Singh v. M...
Transfer of property
Transfer of property, includes a transfer of any interest in property and the creation of any charge upon property. [Provincial Insolvency Act, 1920 (5 of 1920), s. 2 (1) (f)]Section 5 defined 'transfer of property' as meaning 'an Act by which a living person conveys property, in present or in future to one or more other living persons, or to himself, or to himself and one or more other living persons', and 'to transfer property' is to perform such act, Dattatraya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 (809): (1975) 2 SCR 224.In its general sense, the expression 'transfer of property' connotes the passing of rights in the property from one person to another. In one case there may be a passing of the entire bundle of rights from the transferor to the transferee. In another case, the transfer may consist of one of the estates only out of all the estates comprising the totality of rights in the property. In a third case, there may be a reduction of the exclusive interest ...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Marshalling
Marshalling, the act of arranging or of putting into proper order.The doctrine of marshalling assets and securities depends upon the principle that a person, having two funds out of which to satisfy his demands, shall not, by his election, prejudice a person who has only one such fund. If, therefore, one who has a claim upon two funds resorts to the only fund upon which another has a claim, the latter stands in his place for so much against the fund to which otherwise he could not have access: the object being that every claimant shall be satisfied as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of such claims.In the administration of the estate of deceased persons, marshalling consists of arranging the assets so as to give effect to the priority of debts, as to legal assets on the one hand, and to the order of assets on the other. now that all the assets are liable to be applied for t...
Therein
Therein, the word 'therein' does not mean that all the act of consumption must take place in the area of the municipality, Burmah Shell Oil Storage and Distribution Co. v. Belgaum Borough Municipality, AIR 1963 SC 906: (1963) 2 Supp SCR 216.The true meaning and construction of the word 'therein' in the expression 'any person interested therein' appearing in sub-s. (1) of s. 6. In order to understand the meaning of the word 'therein' in our view, it is necessary to refer to the preceding words 'the Board or the mutawalli of the wakf' which immediately precedes it. It cannot refer to the 'wakf property'. Sub-s. (1) of s. 6 enumerates the person who can file suits and also the questions in respect of which such suits can be filed. In enumerating the person who are empowered to file suits under this provision, only the Board, the mutawalli of the wakf, and 'any person interested therein', thereby necessarily meaning any person interested in the wakf, are listed. It should be borne in mind ...
chattel
chattel [Old French chatel goods, property, from Medieval Latin capitale, from neuter of capitalis chief, principal see capital ] : an item of tangible or intangible personal property ;esp : chattel personal in this entry NOTE: In some jurisdictions the term chattel is restricted to items of tangible and movable personal property. Other jurisdictions also classify intangible assets and property items as chattels. chattel personal pl: chattels personal : an item of tangible movable personal property (as livestock or an automobile) that is not permanently connected with real estate chattel real pl: chattels real : an interest (as a leasehold or profit a prendre) in an item of immovable property (as land or a building) that is less than a freehold estate compare fixture NOTE: Interests that are considered chattels real have been treated by the common law as personal property despite being interests in real property. ...
Person having interest
Person having interest, means a disciple of the math or a person professing the Hindu religious or Sikh faith to which the math belongs, Mahant Sri Regunath Das v. Commissioner of Hindu Religious Endowment, (1986) 61 Cut LT 189 (Ori).The definition of the expression 'person having interest' in s. 2(10), (as amended in 1953) which is an inclusive one, and includes the suit brought by two or more trustees in the name of the idol, to recover possession of its property against a person holding it adversely to the trust from the purview of s. 50(ii) of the Act. That expression is wide enough to include not merely the beneficiaries of a temple, math, wakf etc. but also the trustees, Shree Gollaleshwar Dev v. Gangawwa Kom Shantayya Math, AIR 1986 SC 231: (1985) 4 SCC 393: (1985) Supp 3 SCR 646: (1986) Mah LR 220 (SC). [Bombay Public Trusts Act, 1950, s. 2 (10) 50 (ii) (a) and 51(1)]...
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...
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