Relinquishment - Law Dictionary Search Results
Home Dictionary Name: relinquishmentRelinquishment
Relinquishment, a relinquishment takes place when the owner withdraws himself from the property and abandons his rights thereto, CIT v. Rasiklal Maneklal, AIR 1989 SC 1333: (1989) 2 SCC 454: (1989) 2 SCR 179. (Income Tax Act, 1961, s. 45)Relinquishment, forsaking, or giving up.The abandonment of a right or thing, Black's Law Dictionary, 7th Edn., p. 1294.Means a release of a claim or portion of it. The essential features of a transaction of relinquishment can be clearly specified. In a transaction of relinquishment the property in which interest is relinquished continues to exist, the property continues to be accrued by some person or persons even after the transaction of relinquishment and the interest of the person even after relinquishing his interest in the property is either given up or abandoned or surrendered. Relinquishment also presupposes that the property in which the interest is relinquished continues to be in existence, C.I.T. v. Rasiklal, (1974) 95 ITR 656 (663)....
Relinquishment and assignment of tenancy
Relinquishment and assignment of tenancy, the distinction between an assignment on the one hand and relinquishment or surrender on the other is too plain to be ignored. In the case of an assignment, the assignor continues to be liable to be landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assign-ment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transac-tion; it can only be in favour of the lessor by mutual agreement between them. The relinquishment of possession must be to the lessor or one who holds his interest. In fact, a surrender or relinquishment terminates the lessee's rights and lets in the lessor, W. H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Assignment and relinquishment
Assignment and relinquishment, in the case of an assignment, the assignor continues to be liable to the landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assignment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transaction; it can only be in favour of the lessor by mutual agreement between them. The relinquish-ment of possession must be to the lessor or one who holds his interest, W.H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Relinquishment of interest by partner
Relinquishment of interest by partner, means relin-quishment of interest by a partner by executing a deed of relinquishment in favour of other existing partners of the firm, having both movable and immovable properties, is not necessary, Nariman Aspandiar Irani v. Adi Merwan Irani, 1989 Bom 362....
Transfer, relinquishment and exchange
Transfer, relinquishment and exchange, an exchange involves the transfer of property by one person to another and reciprocally the transfer of property by that other to the first person. A 'relinquishment' takes place when the owner withdraws himself from the property and abandons his right thereto, Commissioner of Income Tax v. Rasiklal Maneklal, AIR 1989 SC 1333 (1335): (1989) 2 SCC 454....
Relinquisher
One who relinquishes...
Relinquishment
The act of relinquishing...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Waiver
Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial