S 167 - Law Dictionary Search Results
Home Dictionary Name: s 167Acknowledgement of a wife's assurance
Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Diary
Diary, The expression 'diary' referred to in s. 167(1) of the Criminal Procedure Code is the special diary mentioned in s. 167(2) which should contain full and unabridged statements of persons examined by the police so as to give the Magistrates on a perusal of the said diary, a satisfactory and complete source of information which would enable him to decide whether or not the accused person should be detained in custody but it is different from the general diary maintained under s. 44 of the Police Act, Directorate of Enforcement v. Deepak Mahajan, (1994) 3 SCC 440: AIR 1994 SC 1775.Entries in a diary, reflecting the date of payment. If the date of payment does not correspond with the date in the concerned page of the diary the entry cannot be said to be made, in a diary maintained by the concerned person, P. Prabhakara Rao v. P. Krishna, AIR 2007 AP 163....
Made his appearance
Made his appearance, the words 'made his appearance' cannot be truncated from the particular context in which that expression is used. It is a salutary principle in the sphere of interpretation of statutory clauses that words in a provision must not be understood merely by their ordinary meanings dehors the context in which such words are used. The words 'made his appearance' in s. 167(5) are used along with the preceding words which by themselves form into a composite collocation as thus: 'From the date on which the accused was arrested or made his appearance'. The purpose of the sub-s. (5) is to impose a time schedule for completion of investiga-tion and such time schedule is to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court', State of West Bengal v. Pranab Ranjan Roy, (1988) 3 SCC 209: AIR 1998 SC 1887 (1890). [Criminal Procedure Code, (20 of 1974), s. 167(5)]...
Court or Tribunal
Court or Tribunal, all tribunals are not Courts, though all courts are tribunals. The word 'Courts' is used to designate those tribunals which are set up in an organised State for the administration of justice. By administration of justice is meant the exercise of judicial power of the State to maintain and uphold rights and to punish 'wrongs', Harinagar Sugar Mills Ltd. v. Shyam Sunder, AIR 1961 SC 1669 (1680): (1962) 2 SCR 339. (Constitution of India, Art. 136)The Customs Officer is not a Court or Tribunal though in adjudicating upon matters under s. 167 of the Act he has to act in a judicial manner. It may be conceded that neither the Central Board of Revenue, nor the Central Government is a Court within the meaning of Art. 136, Indo-China Steam Navigation Co. Ltd. v. Jasjit Singh, AIR 1964 SC 1140 (1146): (1964) 4 SCR 594. [Constitution of India, Art. 136, Sea Customs Act, s. 167]. See also Kihoto Hollohan v. Zachillhu, AIR 1993 SC 412...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
Resolution
Resolution, a solemn judgment or decision; a revocation of a contract. As to the cases in which resolutions of the House of Commons varying or renewing taxation have statutory effect for a limited period, see Provisional Collection of Taxes Act, 1913 (3 Geo. 5, c. 3). As regards companies, resolutions are of three kinds: (a) Ordinary, i.e., a resolution passed by a simple majority of members; (b) Extraordinary, i.e., a resolution passed by three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting, of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given; (c) Special, i.e., when passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than 21 days' notice, specifying the intention to propose the resolution as a special resolution has been duly given, or if all members entitled to ...
Commissioners, Perpetual
Commissioners, Perpetual, for taking acknowledge-ments of married women under the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), and the (English) Married Women's Reversionary Interests Act, 1857 (20 & 21 Vict. c. 5), Chitty's Statutes, tit. 'Fines and Recoveries.' See s. 81 of the (English) Judicature Act, 1881, proper persons were appointed such Commissioners by the Lord Chief Justice of England from time to time. The (English) Law of Property Act, 1925, s. 167, has abolished the statutory requirements for acknowledgments by married women as respects settlements executed after 1925....
Reversionary Interests of Married Women in Personalty
Reversionary Interests of Married Women in Personalty. See (English) Married Women's Reversionary Interests Act, 1857 ('Malins's Act'), 20 & 21 Vict. c. 57, enabling married women to dispose of such interests; Conveyancing Act, 1911 (1 & 2 Geo.5, c. 37), s. 7, and Law of Property Act, 1925, s. 167, abolishing acknowledgments by married women....
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial