Precedent Condition - Law Dictionary Search Results
Home Dictionary Name: precedent condition Page: 2Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
Appointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
subsequent
subsequent : following in time, order, or space see also condition subsequent at condition compare precedent ...
Vested
Vested, the word 'vested' is defined in Black's Law Dictionary (7th Edn,) at p. 1557 as: 'Vested; fixed; accrued; settled; absolute; complete. Having the character or given the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. 'Rights are 'vested' when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, (International Edn.) 1397 'vested' is defined as: '[L] aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests', Bibi Sayeeda v. State of Bihar, AIR 1996 SC 1936 (1941): (1996) 9 SCC 516. [Bihar Land Reforms Act, 1950 (30 of 1950), s.4 (a)]...
Until
Until, connotes the idea of a condition precedent, KV Narasimha Rao v. Labour Court Guntur, AIR 1991 NOC 73 (AP).Until, has both inclusive and exclusive meaning according to the context, Rajaram Laxmanji Jadho v. R.P. Samarth, AIR 1956 Nag 278: (1956) Nag LJ 635 (FB)....
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Payable on demand
Payable on demand, The words 'payable on demand' in a promissory note mean payable 'at once'. Ajyappankutty v. Mathoo Mathai, AIR 1955 Trav 65 (66). (Travancore Cochin Stamp Act, 1899, Art. 89)The words 'payable on demand' have been given different meaning when applied with reference to 'money lent' and 'money deposited'. In the content of Art. 21, the meaning and effect of these words is 'always payable' or payable from the moment when the loan is made, whereas in the content of Art. 22, 'the meaning is 'payable when actually a demand for payment is made'. The words 'on demand' in law have a special meaning and when an agreement states that an amount is payable on demand. It implies that it is always payable, that is payable forthwith and a demand is not a condition precedent for the amount to become payable. The meaning attached to the expression 'on demand' as 'always payable' or 'payable forthwith without demand' is not one of Universal application. The said meaning is normally app...
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
Next below rule
Next below rule, the 'next below rule' is not a rule of any independent application. It sets out only the guiding principles for application in any case in which the President or the Governor proposes to regulate an officiating pay by special order under the second proviso to F.R. 30(1). The condition precedent to the application of the 'Next Below Rule' must, therefore, be fulfilled in each individual case before any action can be taken under this proviso, D.D. Suri v. Union of India, AIR 1979 SC 1596: (1979) 3 SCC 553: (1980) 1 SCR 24 [F.R. 30(1) Second Proviso]...
Muslim law
Muslim law, the concept of Muslim Law is based upon the edifice of Shariat, Muslim Law as traditionally interpreted and applied in India permits more than one marriage during the subsistence of one and another though capacity to do justice between co-wives in law is condition precedent. Even under the Muslim Law plurality of marriages is not unconditionally conferred upon the husband, Lily Thomas v. Union of India, 2000 SC 1650 (1666)....
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