Right To Elect - Law Dictionary Search Results
Home Dictionary Name: right to elect Page: 6Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Parish Council
Parish Council. Established by the Local Govern-ment Act, 1894, s. 1 (see now Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 43-55), for every rural parish i.e., (every parish in a rural sanitary district) having a population of 300 or upwards, the county council having also power to group parishes under a common parish council, and being bound to establish a parish council if the parish meeting of a parish having a population of 100 or upwards so resolve, and having power to establish one with the consent of the parish meeting if the population be less than 100.The parish council is elected from among the parochial electors, or persons who have resided for twelve months in the parish or within three miles of it. The number of councillors is fixed by each county council within the limits of five and fifteen members. The term of office, which was by the Act of 1894 one year, was altered to three years by the Parish Councillors (Tenure of Office) Act, 1899, by which the councill...
Woman
Woman, the word 'woman' denotes a female human being of any age. (Indian Penal Code, s. 10)By the (English) Interpretation Act, 1889, s. 1, reproducing 13 & 14 Vict. c. 21, s. 3, words in any Act of Parliament passed after 1850 importing the masculine gender include females unless the contrary intention appears. Women became qualified to be registered as apothecaries by the Apothecaries Amendment Act, 1874 (37 & 38 Vict. c. 34), s. 5; as surgeons by the College of Surgeons Act, 1875 (38 & 39 Vict. c. 43), s. 2; and as medical practitioners by the Medical Amendment Act, 1876 (39 & 40 Vict. c. 41), s. 1, and see infra.The Sex Disqualification (Removal) Act, 1919, s. 1, provides that a person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorp...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Trust for sale
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 property as realty (see CONVERSION), except that upon a lapse of the devise of realty in the testator's lifetime the property resulted to the heir-at-law, Ackroyd v. Smithson, (1780) 1 Bro CC 503. Another and more practical consequence was that the whole estate was vested as a rule in the trustees so that with or without consent of any other person as directed by the donor or testator they could vest the whole estate in a purchaser without his seeing to the application of the purchase money (Trustee Act, 1893, s. 14), and without participation of beneficiaries whose consent was not required, thus providing an expedient, which, together with the Settled Land Acts and other statutes giving analogous powers to mortgagees, personal representatives ...
Thames
Thames. See (English) Thames Conservancy Act, 1894 (57 & 58 Vict. c. clxxxvii.); defined in s. 3 as meaning and including:-So much of the rivers Thames and Isis respectively as are between the town of Cricklade and an imaginary straight line drawn from the entrance to Gantlet creek in the county of Kent to the City stone opposite to Canve Island in the county of Essex and so much of the river Kennet as is between the Common landing-place at Reading in the county of Berks and the river Thames and so much of the river Lee and Bow creek respectively as are below the south boundary stones in the Lee Conservancy Act, 1868, mentioned and all locks, cuts, and works within the said portions of rivers and creeks:Provided that no dock, lock, canal, or cut, existing at the passing of this Act and constructed under the authority of Parliament and belonging to any body corporate established under such authority, and no bridge over the river Thames or the river Kennet belonging to or vested in any c...
Talab
Talab, the principle of talab in Muhammadan Law has three specific facets: the first being talab-e-muwathaba: Talab in common parlance means and implies a demand and talab-e-muwathaba literally means the demand of jumping. The idea is of a person jumping from his seat, as though startled by news of the sale (See in this context Wilson on Mohammadan Law). In Talab-emuwathaba the pre-emptor must assert his claim immediately on hearing of sale though not before and law stands well settled that any unreasonable delay will be construed as an election not to pre-empt. The second, being popularly known as the Second Demand, isalab-e-ishhad, which literally speaking mean and imply the demand which stands witnessed. The second demand thus must be in reference to the first demand and it is so done in the presence of two witnesses and also in the presence of either the vendor (if he is in possession) or the purchaser and the Third Demand though not strictly a demand but comes within the purview o...
Rank - Precedence
Rank - Precedence, the word 'rank' in common parlance, as also in English election refers to a position, especially an official one, within a social organisa-tion, of high social order or other standing status. Likewise the word 'precedence' denotes the ceremonial order or priority to be observed on formal occasions, or a right to preferential treatment. In the same strain the word 'primacy' denotes the state of being first in rank or being in formal state i.e., the most important state. Thus it would be seen that not only is the word 'primacy' inextricably linked up with the words 'rank' and 'precedence' but conceptually they all are of the same family and breed, block and substance, Supreme Court Advocates on Record Association v. Union of India, (1993) 4 SCC 441: AIR 1994 SC 268 (445)....
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
curtesy
curtesy pl: -sies [Anglo-French curteisie, literally, favor, courtesy, originally in the phrase par la corteysie de Engleterre (tenancy) by courtesy of (the law of) England (as opposed to natural right)] : a husband's interest at common law in a life estate upon the death of his wife in the real property that she either solely owned or inherited provided that they bore a child capable of inheriting the property compare dower, elective share ...
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