Power Appurtenant - Law Dictionary Search Results
Home Dictionary Name: power appurtenantpower appurtenant
power appurtenant : power appendant at power ...
power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Appurtenances
Appurtenances, belonging to another thing, as hamlets to a manor, and common of pasture, turbary, etc.; liberties and services, outhouses, yards orchards, and gardens are appurtenant to a messuage, but lands cannot properly be said to be appurtenant to a messuage, Com. Dig., tit. 'Appendant and Appurtenant.' The word 'appurtenances' will be construed strictly [Re Peck, (1893) 2 Ch 315], but it has a secondary meaning equivalent to 'usually occupied with'; see Roe v. Siddons, (1888) 22 QBD 236, per Fry. (LJ).A right of common 'appurtenant' must be the subject of a grant, express or implied by prescription; 'appendant,' is a right by common law incident to certain grants made before the Statute 'Quia Emptores' 1290 (18 Edw. 1, c. 1).The right to compensation upon extinguishment of manorial incidents is a right appertaining to a manor; (English) L. P. Act, 1925, s. 52, replacing and extending the Conveyancing Act, 1881, s. 6....
Appurtenant
Appurtenant, pertaining or belonging to. See APPENDANT.Appurtenant, when used in connection with leases of properties, has gained wider as well as narrower interpretations through judicial pronouncements, K. Bhagirathi G. Shenoy v. K.P. Ballakuraya, (1999) 4 SCC 135.Appurtenant, belongs to another thing as principal, as hamlet to another village, garden to a home; that which passes as incident to the principal thing, a thing used with and related to or dependent upon another thing more worthy and agreeing in its nature and quality with the thing whereunto it is appedant or appurtenant, that which belongs to something else, an adjunct, an appendage. Law Lexicon of British India; Abbot's Law Dictionary....
appurtenance
appurtenance [Anglo-French apurtenance, alteration of Old French apartenance, from apartenant appurtenant] : property (as an outbuilding or fixture) or a property right (as a right of way) that is incidental to a principal property and that passes with the principal property upon transfer ...
Appurtenant to building
Appurtenant to building, the word 'appurtenant' has, in the context, a much wide meaning. It is not just restricted to land which, on a consideration of the circumstances, a court may consider necessary or imperative for its enjoyment. It should be construes as comprehending the land which the parties considered appropriate to let along with the building, Suryakumar Govindjee v. Krishnammal, (1990) 4 SCC 343 (357). [T.N. Buildings (Lease and Rent Control) Act 1960, s. 2(2)(a)]...
appurtenant
appurtenant [Anglo-French apurtenant, alteration of Old French apartenant, present participle of apartenir to belong, appertain] : annexed or belonging to a more important property ...
appurtenant easement
appurtenant easement see easement ...
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