S 132 - Law Dictionary Search Results
Home Dictionary Name: s 132Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Coparceners or parceners
Coparceners or parceners. The name given to persons who until 1926 inherited an inheritable estate by virtue of descents from the ancestor which conferred on them all an equal title to it. It arose by act of law only, i.e., by descent, which, in relation to this subject was of two kinds:-(1) Descent by the common law, which took place where an ancestor died intestate, leaving two or more females as his co-heiresses; these, according to the canon of real property inheritance, all took together as coparceners or parceners, the law of primogeniture not obtaining among women in equal relationship to their ancestor: they were, however, deemed to be one heir; and (2) descent by particular custom, as in the case of gavelkind lands, which descended to all the males in equal degree, as the sons, brothers, or uncles of the deceased intestate ancestor; in default of sons, they descended to all the daughters equally.Coparceners had a unity though not an entirety, or necessarily an equality, of int...
Purchaser
Purchaser, a buyer, a vendee; also the root of descent, from whom, under the (English) Inheritance Act, 1833, the descent was in every case to be traced, before 1926, and now, as to a limitation to the heir taking effect as purchaser (see previous title, and (English) L.P. Act, 1925, s. 132).The statute enacts that in every case descent shall be traced from the purchaser; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land (which expression extends to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof (s. 1)), is, for the purposes of the Act, to be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom be inherited the same shall be considered to have been the purchaser, unless it shall be p...
Dedi et concessi
Dedi et concessi (I have given and granted), the operative words in grants, etc. The word 'give' or the word 'grant' in a deed, executed after the 1st October, 1845, does not imply any covenant in law in respect of any tenements or hereditaments, except so far as the word 'give' or the word 'grant' may, by force of any Act of Parliament, imply a covenant, Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4, reproduced by the Law of Property Act, 1925, s. 59. Under the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), s. 132, and in conveyances to the Governors of Queen Anne's Bounty, the covenants for title are implied in the word 'grant.'...
Frater fratri uterino non succedet in h'reditate paterna.
Frater fratri uterino non succedet in h'reditate paterna.--(A brother shall not succeed a uterine brother in the paternal inheritance.)The maxim is now superseded; for by the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 9, the half-blood inherit next after any relation in the same degree of the whole blood and his issue where the common ancestor is a male, and next after the common ancestor where a female, so that the brothers of the half-blood, on the part of the father, inherit next after the sisters of the whole blood on the part of the father and their issue, and the brothers of the half-blood on the part of the mother inherit next after the mother.This rule still applies in regard to (a) the devolution of entailed interests in real or personal property (Law of Property Act, 1925, s. 130 (4), and Law of Property (Amend.) Act, 1924, 9th Sched.), (b) the ascertainment of heirs as purchasers under limitations by deed or will coming into operation after 1925 under s. 132, ibid., and...
Non-commissioned officer
Non-commissioned officer, means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army who is for the time being subject to this Act. [Army Act, 1950 (46 of 1950), s. 3 (xv)] [s. 132(3)(d), Cr. P.C.]Nonconformist. See DISSENTERS....
Pardanashin lady
Pardanashin lady, means the women who, accord-ing to the customs, ought not to be compelled to appear in public, shall be exempt from personal appearance in court. [Code of Civil Procedure, 1989, s. 132]A lady who conducts herself male member by filing and complaints invarious courts and prosecuted them in a 'manly' manner and also meeting the petition writers, the lawyers coming to her way is not a pardanashin lady, Ghulam Zuhra v. Habla Begum, AIR 1985 J&K 22 (24). [Evidence Act, 1872, s. 111]A heavy onus has upon him who realise as upon the deed by a 'pardanashin woman' and it mustbe proved affirmatively and conclusively that the deed was not only executed by, but was explained to and really understood byher, Bhikary Ram v. Hedait Mohammad Sahaji, AIR 1985 Ori 62.A lady in a veil, normally worn by Muslim ladies as a customary dress.Pardanashin woman, is a woman of rank, Hindu or Mohammedan, who lives in seclusion shut in the Zanana and having no communication exceptfrom behind the p...
Theatrical performance
Theatrical performance, a theatrical performance does not mean merely dramatic performance. It includes operatic or other representations or performances, AIR 1966 MP 198. [Madhya Pradesh Municipal Corporation Act (23 of 1956), s. 132 (2)(n)]Theatrical performance, includes operatic or other representation or performances. It must be, so as to include not merely dramatic performances but other performances and representations, than it follows that the expression 'other shows for public amusement' would include a cinema show, Delite Talkies v. Jabalpur Corporation, AIR 1996 MP 298: 1966 MP LJ 687: 1966 Jab LJ 1127....
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