Restricted - Law Dictionary Search Results
Home Dictionary Name: restrictedIncrease of Rent and Mortgage (Restrictions) Acts (English)
Increase of Rent and Mortgage (Restrictions) Acts (English). A series of statutes, each of a temporary character, curtailing the contractual rights, in respect of certain classes of property, of landlords and mortgagees. This legislation was rendered necessary, in the first instance, by the conditions caused by the outbreak of the Great War. The continuance of the protection to tenants and mortgagees of dwelling-houses afforded by the later Acts was made necessary by the housing shortage, caused principally by the economic effects of the war. The Courts (Emergency Powers) Act,1914 (4 & 5 Geo. 5, c. 78), was the first of such Acts: it restricted the right to levy distress or resume possession of property by landlords and of mortgagees to foreclose or realize their security. This Act was followed by a series of complicated statutes which imposed restrictions on increasing the rent and mortgage interest on properties falling within their scope. the obscure and ambiguous drafting of these ...
Restrictive trade practice
Restrictive trade practice, means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include--(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price.(b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (nnn)]The definition of restrictive trade practice is an exhaustive and not an inclusive one. The decision whether trade practice is restrictive or not has to be arrived at by applying the rule of reason and not on the doctrine that any restriction as to area or price will per se b...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
Restriction
Restriction, connotes that limitations imposed on a person for enjoyment of right should not be arbitrary or of an excessive nature beyond what is required in interest of public. Reasonableness of a restriction depends upon nature of right claimed, object to be achieved, means employed and limitations imposed, Syed Jassadduque Hussain v. Union of India, 1987 Kash LJ 760.Restriction. Under the Land Registration Act, 1925, s. 58, and rules 56 and 58, L.R. Rules, 1925, is an entry on the register, usually requiring notice to or consent by a named person before any further dealing is registered. The restriction may be limited to a special class of dealings and may have a continuous effect unlike a 'caution,' which can only operate once. Restrictions are frequently entered for the protection of settled land. Consult Fortescue-Brickdale and Stewart-Wallace on the Land Registration Act, 1925.It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be ...
restrictive covenant
restrictive covenant 1 : a covenant acknowledged in a deed or lease that restricts the free use or occupancy of property (as by forbidding commercial use or types of structures) [one who purchases for value and without notice takes the land free from the restrictive covenant "American Jurisprudence 2d"] NOTE: For a restrictive covenant to run with the land it must be intended to do so by the original parties to it, it must directly concern the land itself and be enforceable, and there must be privity between the original parties and between the original and subsequent grantee. 2 : covenant not to compete [restrictive covenants unenforceable upon physicians "Annotated Laws of Massachusetts"] NOTE: A restrictive covenant in a work contract must be reasonable to be enforceable, which means that it must be reasonably necessary to protect the legitimate interests of the employer or partnership, must not impose undue hardship on the individual concerned, and must not harm the public i...
restriction
restriction 1 : something that restricts: as a : a regulation that restricts or restrains b : a limitation on the use or enjoyment of property or a facility 2 a : an act of restricting b : the state of being restricted ...
Restrictive Covenant
Restrictive Covenant, defined by the Land Charges Act 1925, s. 10, Class D (ii.), as a covenant or agreement (not being made between lessor and lessee), restrictive of the user of the land, and see s. 20 (11), ibid. Such a covenant is in the nature of an equitable easement restricting the use or enjoyment or certain land for the benefit of other land and binding on every owner (see Law of Property Act, 1925, ss. 78 and 79) of the (servient) land having notice of the covenant, see Tulk v. Moxhay, 2 Phil 774, and Smith's L.C., Notes to Spencer's case. Upon sale of land under a building scheme, of which the restriction formed part, the purchasers of plots may enforce the covenant, see Elliston v. Reacher, (1908) 2 Ch 665; see also Drake v. Gray, (1936) 1 Ch 465; Re Union of London and Smith's Bank; Miles v. Easter, 1933 Ch 611. Under the Land Charges Act, 1925, s. 10, Class D (ii), restrictive covenants made after 31st December, 1925, must be registered as a land charge (q.v.), and under ...
time, place, or manner restriction
time, place, or manner restriction : a restriction on the time, place, or manner of expression that is justified when it is neutral as to content and serves a significant government interest and leaves open ample alternative channels of communication [an injunction excluding demonstrators from the front of the building was held to be a reasonable time, place, or manner restriction] called also time, place, and manner restriction ...
restrictive
restrictive 1 a : of or relating to restriction b : serving or tending to restrict 2 : prohibiting further negotiation re·stric·tive·ly adv re·stric·tive·ness n ...
Holder of a Restricted Certificate
Holder of a Restricted Certificate, Means a person holding a permanent or temporary restricted certificate granted by a State Government under the Restricted Certificate Rules, 1932. [Chartered Accountants Act, 1949 (38 of 1949) s. 2(d)]...
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