Persons - Law Dictionary Search Results
Home Dictionary Name: persons Page: 3Assent of personal representatives
Assent of personal representatives, At Common Law the personal estate passing by the will of a deceased person, including chattels real vested in the executor, virtute officii. The property passed to the legatee as soon as the executors assented to the bequest. The transfer was made not by the mere force of the assent but by virtue of the will, Attenborough v. Solomon, 1912 AC 76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt of rent and profits, but the assent was required to be definite and unambiguous. When given it related back to the date of death and as a rule it could not be withdrawn [but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate passed to the heir-at-law of th...
Young person
Young person. In the (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), this expression (s. 107) ' means a person who has attained the age of fourteen years and is under seventeen years.'A young person within the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42), is a person who is under the age of eighteen years (s. 5). See CHILD-REN.Means a person under the age of twenty years. [Young Persons (Harmful Publications) Act, 1956 (93 of 1956), s. 2 (c)]Means a person who has completed fourteen years of age but has not completed eighteen years of age. [Beedi and Cigar Workers (Conditions of Employ-ment) Act, 1966 (32 of 1966), s. 2(q)]Means a person who is either a child or an adolescent. [Factories Act, 1948 (63 of 1948), s. 2(d)]Means a person who is either a child or an adolescent. [Plantations Labour Act, 1951 (69 of 1951), s. 3(J)]...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
personal
personal 1 : of, relating to, or affecting a person: as a : of, relating to, or based on the existence or presence of a person see also personal injury personal jurisdiction at jurisdiction b : of, relating to, or restricted to a natural person and his or her rights, obligations, affairs, assets, or lifetime [refused to disclose information] [released on recognizance] 2 : of, relating to, or constituting personal property [ effects] see also personal property at property compare real per·son·al·ly adv ...
Personal use
Personal use, means a close scrutiny of the context in which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessee's person; in other words, an intimate connection between the effects and the person of the assessee must be shown to exist to render the 'personal effects'. The enumera-tion of articles like wearing apparel, jewellery and furniture, mentioned by way of illustrations in the above definition of 'personal effects', also shows that the legislature intended only those articles to be included in the definition which were intimately and commonly used the assessee, Random House Dictionary of the English Language Unabridged Edn., p. 1075.Means article associated with person as property having more or less intimate relation to person of possessor, Black's Law Dictionary, 4th Edn., p. 1301....
Accused person, a person accused of an offence
Accused person, 'a person accused of an offence', the expression, 'accused person' in s. 24 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. The expression 'accused of any offence' is descriptive of the person against whom evidence relating to information alleged to be given by him is made provable by s. 27 of the Evidence Act. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of Uttar Pradesh v. Deoman Upadhyaya, AIR 1960 SC 1125 (1129, 1132): (1960) 1 SCR 14. [Evidence Act, (1 of 1872), ss. 24, 25, 27]...
Juristic person
Juristic person, is not roped in any defined circle, with the changing thoughts, changing needs of the society, fresh juristic personalities were created from time to time, (Analytical and Historical Jurisprudence, 3rd Edn., p. 357).Juristic person, the very words 'juristic person' connote recognition of an entity to be in law a person which otherwise it is not. In other words, it is not an individual natural person but an artifi-cially created person which is to be recognised to be in law as such, Shiromani Gurudwara Prabhandhak Committee v. Som Nath Dass, (2000) 4 SCC 146: AIR 2000 SC 1421 (1427)....
Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Any person aggrieved
Any person aggrieved, the words 'any person aggrieved' in s. 24 of the Act can only mean a person whose properties have been declared to be evacuee properties by the Custodian, or a person who moved the Custodian to get the properties so declared or any other such aggrieved person. The words 'any person aggrieved' in the context cannot include any Custodian as defined in the Act, Md. Sharfuddin v. R.P. Singh, AIR 1961 SC 1312 (1314): (1962) 1 SCR 239. (Administration of Evacuee Property, Act, 1950 s. 24)...
Competent person
Competent person, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests examinations and inspections required to be done in a factory under the provisions of this Act having regard to-(i) the qualifications and experience of the person and facilities available at his disposal; or(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory. [Factories Act, 1948 (63 of 1948), s. 2 (ca)]...
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