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Foreign judgment
to treat it as such. It is not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be … a foreign Court has jurisdiction in the international sense, a judgment delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975)
Maintenance
nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in which he has any interest, … attain a vested interest if they are entitled to the intermediate income or otherwise as provided under settlements created after 1925, see Trustee Act, 1925, s. 31, reproducing and extending the Conveyancing Act, 1881, s. 43, and
Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur
Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur [Lat.], a derogatory clause does not prevent things from being dissolved by the same … qua constituuntur [Lat.], a derogatory clause does not prevent things from being dissolved by the same power which created them.
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Trust for sale
Trusts for sale of land were commonly crated in settlements and well-drawn wills. The effect was to convert realty into personalty so that the proceeds devolved upon the beneficiaries as personalty unless they elected to take the … 2 Ch 181. The (English) Law of Property Act, 1925, provides, in regard to all trusts for sale created or arising before or after 1926, for the duration or prolongation of the powers of sale until sale
Cy-pres
16 M & W 418. The doctrine did not apply to personalty nor to a mixed fund. See Re Harwood, Coleman v. Innes, 1936 Ch 285. It is also applied to charitable bequests, and was formerly pushed … 2 Ch 124]. See generally, Theobald on Wills. When the particular purpose for which a charitable trust is created fails or by reason of certain circumstances the trust cannot be carried into effect either in whole or
Possibility on a possibility
Possibility on a possibility. Lord Coke lays it down as a rule that the event on which a remainder is to depend must be a common possibility, and not a double possibility, or a possibility on a … It gave rise, however, to the rule, now well settled in regard to limitations and trusts of realty created by instruments coming into operation before 1926, but abolished in regard to those created by instruments coming into
Annuity
hand, a limitation of a personal annuity to A. and the heirs of his body was ineffectual to create and estate tail, and passed an absolute interest conditional only upon an heir of the body being born. … or predetermined one, and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P.
Dignities
course. And although they are little more than personal distinctions, they are still classed under the head of real property; and as having relation to land, in theory at least, may be entailed by the Crown, within … the Settled Land Act, 1925. Dignities were originally annexed to the possession of certain estates in land, and created by a grant of those estates; or, at all events, that was the most usual course. And although
Proviso
in any deed, on the performance whereof the validity of the deed depends. As to the proviso for re-entry in a lease, see FORFEITURE (5); CONDITION; USUAL COVENANTS. The terms proviso and condition are synonymous, and signify … signify some quality annexed to a real estate by virtue of which it may be defeated, enlarged, or created upon an uncertain event. Such qualities annexed to personal contracts and agreements are generally called conditions. A proviso
Debenture
generally as a charge in writing [not necessarily sealed, see British India, etc., Co. v. Commissioners of Inland Revenue, (1881) 7 QBD 165] of certain pro-perty with the repayment at a time fixed of money lent by … securities of a company whether constituting a charge on the assets of the company or not. The charge created by debentures as a rule is fixed on the company's property or by way of floating charge. If
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