Resumption - Law Dictionary Search Results
Home Dictionary Name: resumptionResumption
Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-(i) The erection of farm labourers' cottages or other houses with or without gardens;(ii) The provision of gardens for farm labourers' cottages, or other houses;(iii) The provision of allotments;(iv) The provi...
Resumptive
Taking back resuming or tending toward resumption as resumptive measures...
Resumption
The act of resuming as the resumption of a grant of delegated powers of an argument of specie payments etc...
Cis-Sutlej Jagirs
Cis-Sutlej Jagirs, 'cis-sutlej jagirs' in the State of Punjab fall within the definition of jagir in s. 2(1) (a) of the Punjab Resumption of Jagirs Act, 1957 and as such the State had authority to resume them, Amarsarjit Singh v. State of Punjab, AIR 1962 SC 1305: 1962 Supp (3) SCC 346. [Punjab Resumption of Jagirs Act, 1957 (39 of 1957), s. 2(i)(a)]...
Jagirdars
Jagirdars, the definition of jagir in s. 2(h) is, as provided therein, subject to any contrary intention which the context might disclose; and when s. 22(1)(a) enacts that on the resumption of jagir lands the rights of the jagirdar in the lands should cease, it clearly means that the holders of jagirs are jagirdars for the purpose of the section. There cannot be jagirs without there being Jagirdars, and therefore the word 'Jagirdar' in s. 22(1)(a) must mean all holders of jagirs including the tenures mentioned in the Schedule to the Act, Thakur Amar Singhji v. State of Rajasthan, AIR 1955 SC 504 (532): (1955) 2 SCR 303. [Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (6 of 1952), ss. 2(h) and 22(1) (a)]...
Greenbacker
One of those who supported greenback or paper money and opposed the resumption of specie payments...
Resurrection
A rising again the resumption of vigor...
New
New, the word 'new'. The Oxford English Dictionary lists the following, amongst others, against that word: 'not existing before; now made, or brought into existence, for the first time....not previously known; now known for the first time.' If these were the only meanings of the word, the contention might have considerable force. But the word 'new' is also stated in the same dictionary to mean: Coming as a resumption or repetition of some previous act or thing; starting afresh....restored after demolition, decay, disappearance, etc....other than the former or old; different from that previously existing, known, or used. Thus a set of things which is different from that immediately preceding it may well be called new. Furthermore, a situation which once existed and then ceased to exist (disappeared) may properly attract the word 'new' on re-appearance, P. Venkaiah v. G. Krishna Rao, AIR 1981 SC 1910 (1914): (1981) 4 SCC 105: (1982) 1 SCR 380....
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Re-entry
Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...
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