S 58 - Law Dictionary Search Results
Home Dictionary Name: s 58 Page: 4 Page 4 of about 10,570 results (0.011 seconds)Mortgage-deed
Mortgage-deed, includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfer, or creates, to, or in favour of, another, a right over or in respect of specified property. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (17); see also Transfer of Property Act, 1882 (4 of 1882), s. 58(a)]...
Technical
Technical, means what is characteristic of a particular art, science, profession, or trade, (New Webster's Dictionary of the English Language), Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The word 'technical' is described in the Concise Oxford Dictionary to mean a particular art, science or of applied science or vocational training dealing with applied science. It is trite to say that when a word has many etymological meanings attributed to it, the same takes its true colour from the text and context. The dictionary meaning of the word 'technical' is also 'professional' and is used in contradiction with pure sciences, Dean Goa Medical College, Sudhir Kumar Solanki, AIR 2001 SC 3422 (3423): (2001) 7 SCC 645. [Goa, Daman and Diu Reorganisation Act, 1987, s. 58]...
Mortgage by deposit of title deeds
Mortgage by deposit of title deeds, under the Transfer of Property Act a mortgage by deposit of title-deeds is one of the forms of mortgages whereunder there it a transfer of interest in specific immovable property for the purpose of securing payment of money advanced or to be advanced by way of loan. Therefore, such a mortgage of property takes effect against a mortgage deed subsequently executed and registered in respect of the same property. The three requisites for such a mortgage are (i) debt, (ii) deposit of title deeds; and (iii) an intention that the deeds shall be security for the debt, IC J Nathan v. S.V. Maruthi Rao, AIR 1965 SC 430 (435). [Transfer of Property Act, 1882, s. 58(f)]...
English mortgage
English mortgage, Where the mortgagor binds him-self to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will retransfer in to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage, Narayandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247: AIR 1977 SC 774: (1977) 2 SCR 341.English mortgage 'where the mortgagor binds him-self to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will retransfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage. [Transfer of Property Act, 1882, s. 58(e)]...
Eavesdroppers
Eavesdroppers, persons who listen under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales. They were in early times presentable at the Court-leet, or indictable at the sessions, and punishable by fine and finding sureties for good behaviour, 2 Hawk. P.C., c. x., s. 58....
Made
Made, the word 'made' in rule 54(2) might refer to the proclamation of sale as well as announcement of the sale, as it says it shall be made and published in the manner provided by rule 54(2). The word 'made' cannot be taken to include the preparation of proclamation of sale as it was already provided by rule 66 and further the words 'made and published in the manner prescribed by rule 54, sub-rule (2)'. It would not be necessary to prepare a fresh proclamation of sale, Seshagiri Aiyar v. Valambal Ammal, AIR 1952 Mad 377 (381). (C.P.C. 1908, O. 21, R. 54)The word 'made' should be given the meaning as 'filed'. 'Filing' does not contemplate personal presentation. The applicant can use any mode he likes but the application should be received by the authority concerned within the time prescribed by law, Kanchan Singh v. State Transport Appellate Tribunal, AIR 1986 All 23 (25). [Motor Vehicles Act (4 of 1939), s. 58(2) Proviso]...
Mortgage by conditional sale and sale with a condition of repurchase
Mortgage by conditional sale and sale with a condition of repurchase, there is a clear legal distinction between the two concepts, a mortgage by condition sale and a sale with a condition of repurchase. The former is a mortgage, the relationship of debtor and creditor subsists and the right to redeem remains with the debtor. The latter is an out and out sale whereby the owner transfers all his rights in the property to the purchaser reserving a personal right of repurchase, Bhoju Mandal v. Debnath Bhagat, AIR 1963 SC 1906 (1907). [Transfer of Property Act, 1882, s. 58 (c)]...
Overcrowding
Overcrowding. By Part IV. of the (English) Housing Act, 1936 (26 Geo. 5 and 1 Edw. 8), s. 58, it is provided that a dwelling-house shall (subject to the provisions of the Act) be deemed for the purposes of the Act to be overcrowded at any time when the number of persons sleeping in the house either.(a) is such that any two of those persons being 10 years old or more of opposite sexes and not living together as husband and wife sleep in the same room, or(b) is in relation to the number and floor area of the rooms of which the house consists, in excess of the permitted numbers defined in the 5th Sched. To the Act, i.e., in effect--TABLE IRooms. Persons.(a) 1 2(b) 2 3(c) 3 5(d) 4 7 1/2(e) 5 10andTABLR II (in the aggregate)Square feet. Persons.110 290 to 110 1 1/270 to 90 150 to 70 1/2Children under 1 year old do not count; from 1 to under 10 are reckoned as half.After the appointed day overcrowding is made an offence on the part of the occupier as well as (subject to statutory provisions)...
Puffer
Puffer, one who attends a sale by auction, to bid on the part of the owner, for the purpose of raising the price and exciting the eagerness of the bidders.The (English) Sale of Land by Auction Act, 1867 (30 & 31 Vict. c. 48), regulates the employments of puffers at an auction for the sale of land, and enacts that all sales of land where a puffer has bid shall be illegal unless a right of bidding on behalf of the owner shall have been reserved; that the conditions of sale shall state whether the sale is to be without reserve, or subject to a reserved price, or whether a right to bid is reserved; that if it be stated that the sale is to be without reserve, a puffer is not to be employed; that if a right to bid be reserved, the seller or one puffer may bid; and that the practice of opening bidding, formerly sanctioned by courts of equity, shall be discontinued. As to sale of goods by auction, see similar provisions, s. 58 of the Sale of Goods Act, 1893, and see AUCTION....
Simple mortgage
Simple mortgage, defined. [4 of 1882, s. 58(b)]...
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