S 105 - Law Dictionary Search Results
Home Dictionary Name: s 105Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Lease and licence
Lease and licence, if an interest in immovable property, entitling the transferor to enjoyment, is created, it is a lease; if permission to use land without right to exclusive possession is alone granted, a license is the legal result, Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396 (398): (1974) 1 SCC 202. (Transfer of Property Act, s. 105; Easements Act, s. 52)The difference between a 'lease' and 'licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances. Only a right to use the property in a particular way or under certain terms given to the occupant while the owner retains the control or possession over the premises results in a licence being created; for the owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the pe...
It shall be lawful
It shall be lawful, according to s. 105(1) of the Companies Act, 1913 'It shall be lawful for a company to pay a commission to any person in consideration of his subscribing' for shares in it. The words 'it shall be lawful' are enabling words. They are used in a statute when it is intended to permit something to be done which previously could not legally be done, Madanlal Fakirchand Dudhediya v. Shree Changdeo, AIR 1962 SC 1543 (1557): 1962 Supp (3) SCR 973. [Companies Act, 1913, s. 105(1)]...
Secreted
Secreted, the word 'secreted' must be understood in the context in which the word is used in the section. In that context, it means 'documents which are kept not in the normal or usual place with a view to conceal them' or it may even mean 'docu-ments or things which are likely to be secreted'; In other words, documents or things which a person is likely to keep out of the way or to put in a place where the officer of law cannot find it. It is in this sense that the word 'secreted' must be understood as it is used in s. 105 of the Customs Act, Durga Prasad v. H.R. Gomes, AIR 1966 SC 1209 (1216): (1966) 2 SCR 991. [Customs Act, 1962, s. 105(1)]...
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Divisional Court
Divisional Court. A Court (which takes under the Jud. Act the place of the Court 'in banc': see BANC) constituted of two judges of the High Court, or as many more judges as the President of a Division, with the concurrence of the judges of the Division, may think expedient, for the transaction of such business as may be ordered by Rules of Court to be heard by a Divisional Court (Judicature Act, 1925, s. 63, replacing App. Jur. Act, 1876, s. 17). Much of the business of the King's Bench Division, but none of that of the other Divisions, is transacted by Divisional Courts, consisting usually of two judges. Five judges have thrice sat, but in order for more than two to sit, the President of the Division, with the concurrence of not less than two judges thereof, must be of opinion that it is expedient so to constitute the Court (Judicature Act, 1925, s. 63(6), replacing Jud. Act, 1884, s. 4). See PRECEDENTS and R.S.C. Ord. LIX.Appeals from County Courts no longer lie to the Divisional Cou...
Amends, tender of
Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been done by some public authority or person acting in pursuance of an (English) Act of Parliament, as the Highway Act, 1835 (see s. 105), or the (English) Larceny Act, 1861 (see s. 113), in apprehending, for instance, a person found committing an offence against that Act. These are repealed by the (English) Public Authorities Protection Act, 1893, which provides, amongst other things, for the pleading of tender of amends, and for taxation of the defendant's costs between solicitor and client in event of the plaintiff not recovering more than the sum tendered, etc. As to tender upon distress (q.v.), whether before or after impounding but before sale, see Johnson v. Upham, (1859) 2 E&E 250. For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s...
Conjugal rights
Conjugal rights, the right which husband and wife have to each other's society. The suit for restitution of conjugal rights is a matrimonial suit, cognizable in the Divorce court, which is brought whenever either the husband or wife is guilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the court will decree restitution of conjugal rights (English) (Judicature Act, 1925, s. 186), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband to the wife, s. 187.Conjugal rights cannot be enforced by the act of either party, as was held by the court of Appeal in the case of a husband who had seized and detained his wife by force, in Reg. v. Jackson, (1891) 1 QB 671.Connected person, in relation to any other person, includes any person who is or was that other person's banker, Financial Services Act, 1986, s. 105(9)(a) Halsbury's Laws o...
Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
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