S 32 - Law Dictionary Search Results
Home Dictionary Name: s 32 Page 1 of about 10,614 results (0.009 seconds)Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Commencement of proceedings
Commencement of proceedings, the expression 'commencement of the proceedings' would mean the commencement of proceedings in which the question as to the conclusive character of the registration, as laid down in s. 32 of the Trade and Merchandise Marks Act, 1958 arises. Such a question may arise in a suit for infringement of the trade mark in which the registered proprietor may rely on s. 32 to prove his title to the registered trade mark as also in rectification proceedings, National Bell Co. v. Gupta Industrial Corporation, (1970) 3 SCC 665: AIR 1971 SC 898 (907): (1971) 1 SCR 70. [Trade and Merchandise Act (43 of 1958), s. 32(c)]...
Glandered horses
Glandered horses. By 32 & 33 Vict. c. 70, ss. 57 and 60, penalties were imposed on persons bringing glandered horses, etc., into markets, etc., and provision is made for their seizure, slaughter, and burial; but the (English) Contagious Diseases (Animals) Act, 1878 (41 & 42 Vict. c. 74), which repeals and replaces that Act, contains no such express provision, although by s. 32, sub-s. xxxii., it gave the Privy Council power to apply its provisions to horses and glanders and farcy; and the (English) Diseases of Animals Act, 1894, s. 22, sub-ss. Xxxv. And xxxvi., appears to give a similar power to the Ministry of Agriculture by general words. See CONTAGIOUS DIESEASES (ANIMALS)....
Advancement
Advancement, promotion; additional price. An advancement clause in a settlement or will is a provision authorizing the trustees, with the consent of the tenant for life, to pay by anticipation a limited portion of the share to which a remainderman will ultimately be entitled for his benefit or advancement in life.In equity the presumption of advancement is an important exception to the doctrine of resulting trusts that a conveyance to a stranger without a consideration is merely a nominal one, and no intention on the face of it of conferring the beneficial interests will result to the grantor. The presumption of advancement generally arises where a person advances money for the purchase of any property or right in the name of another for whom the purchaser is under a legal or even in some cases a moral obligation to provide. It will arise in favour of a wife, legitimate children, and in some cases in regard to persons to whom the purchaser stands in loco parentis, but it has been held ...
False pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
Plant
Plant, has been defined as the tools, machinery, fixtures, buildings, grounds, etc. of a factory or business; the apparatus or equipment for a certain mechanical operation or process, Steel City Beverages Ltd. v. State of Bihar, (1996) 1 Pat LJR 868.Plant, has frequently been used in fiscal and other legislation. It is one of a fairly large category of words as to which no statutory definition is provided ('trade', office even 'income' are others), so that it is left to the court to interpret them. It naturally happens that as case follows case, and one extension leads to another, the meaning of the word gradually diverges from its natural or dictionary meaning. This is certainly true for plant, I.R.C. v. Scottish & Newcastle Breweries Ltd., (1982) 1 WLR 322: (1982) 2 All ER 230: 55 TC 252 (HL).Plant, in the relevant sense, although admitted not a term of art, and therefore part of the general English tongue, is not, in this sense, an ordinary word, but one of imprecise application, an...
Protector of the settlement
Protector of the settlement. The person whose con-sent is required to enable a remainderman in tail to bar the entail. In the absence of such consent the remainderman can only bar his own issue and create a Base Fee (see that title). Under the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), s. 32, the settlor might appoint a special protector. In the absence of this 'special' protector, the statutory protector, i.e., the owner of the first (sufficient) estate in possession, e.g., the tenant for life under the same settlement, was and is a statutory protector. The special protector was to be appointed as stated in substitution for the old tenant to the pr'cipe, whose concurrence in barring estates-tail in remainder was required in order to preserve, under certain modifications, the control of the tenant for life over the remainderman. The statutory protector might be excluded by the settlor, who by the settlement creating the entail might appoint not more than three per...
Hinde Palmer's Act
Hinde Palmer's Act. The Administration of Estates Act, 1869 (32 & 33 Vict. c. 46), which abolished the priority of specialty (see SPECIALTY) over simple contract debts in the administration of the estates of persons dying after 1st January, 1870. The Act has been replaced and reproduced by the Administra-tion of Estates Act, 1925, s. 32....
Khatauni
Khatauni, khatauni is an annual register prepared under s. 32 of the Land Revenue Act, 1951. Bachan v. Kankar AIR 1972 SC 2157: (1972) 2 SCC 555: (1973) 1 SCR 727. (Land Revenue Act, 1951, s. 32)....
- << Prev.
- Next >>