S 76 - Law Dictionary Search Results
Home Dictionary Name: s 76Beneficial owner
Beneficial owner, See COVENANTS, TITLE FOR, and also s. 76 of the (English) L. P. Act, 1925, replacing s. 7, Conveyancing Act, 1881.means a person whose name is recorded as such with a depository. [Depositories Act, 1996 (22 of 1996), s. 2 (1) (a)]Means a person having the right to deal with the shares as his own, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 2183, p. 2182; Brookland Selangor Holdings Ltd. v. IRC, (1970) 2 All ER 76: (1970) 1 WLR 429; Baytrust Holdings Ltd. v. IRC, (1971) 3 All ER 76: (1971) 1 WLR 1333; Holmleigh Holdings Ltd. v. IRC, (1958) 37 ATC 406....
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
Deterioration
Deterioration, Having regard to the background and the setting in which the word 'deterioration' occurs in s. 76 of the new Act it seems to us that the Parliament intended that the word should be used in its ordinary parlance and in a restricted sense so as to include within its ambit the actual physical act of deterioration, i.e. the physical part of it, namely, the change for the worse in the thing itself, Union of India v. Steel Stock Holders, (1976) 3 SCC 108: AIR 1976 SC 879: (1976) 3 SCR 504. [Railways Act, 1890, s. 76]...
Covenant
Covenant [fr. Covenant, Fr.], any agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stiuplates for the truth of certain facts. He who thus promises is called the covenantor; and he to whom it is made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is limited for its performance, that it be performed in a reasonable time.Covenants are personal obligations; formerly the did not bind theheirs of the covenanter unless the heirs were named and inthat case only to the extent of the lands descended, but if made ...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Average
Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...
Casting vote
Casting vote, the vote given by the chairman or president of a deliberative assembly when the suffrages of the meeting are equal. The chairman, though not disqualified by law from voting, Nell v. Longbottom, 1894 (1) QB 767, is usually not entitled to vote in the first instance.The Speaker of the House of Commons (though he was no vote in the first instance) has a casting vote, and by the practice of the House gives it in favour of a motion or bill, so as to give opportunity for further consideration. So has the mayor or other chairman at a meeting of a town council (English) (Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 22, and Sched. II., r. 11), and the Chairman of a (English) Country Council (Local) Government Act, 1888 (51 & 52 Vict. c. 41), s. 75), and the chairman of a parish meeting, or Parish Council (Local Government Act, 1894 (56 & 57 Vict. c. 73), Sched. I., Pt. 2, r. 8, and Pt. 3, r. 10). These Acts have been replaced, except in regard to London, by the Local...
Plan
Plan. In the (English) Copyright Act, 1911, 'literary work' includes 'plans' (s. 35); and see also as to plans, s. 2, sub-s. (1) (ii). see COPYRIGHT. Under various Acts, plans have to be deposited with local authorities for various purposes. If the local authority neglects to pass the plans the remedy is by mandamus, Davis v. Bromley Corporation, (1908) 1 KB 170 and R. v. Cambrdige Corporation, (1922) 1 KB 250. As to a purchaser's right to have the property conveyed to him by reference to a plan on his conveyance, see Re Sansom, (1910) 1 Ch 741; Re Sparrow, ib. 2 Ch 60, and as to maps as evidence, Storey v. Eastborune R.D.C., (1927) 1 Ch 367.Under the Land Registration Act, 1925, s. 76, land may be described by description on a map or plan. For the practice of the Land Registry, consult The Land Registry General Map, by W.S. Tratman, and LR Rules, 272-285.As to the property in plans, see ARCHITECT.In common acceptation mean 'a drawing or diagram made by projections on a horizontal plan...
Pleasure-grounds
Pleasure-grounds may be provided by local authorities under the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 164 (this s. coming in place of 11 & 12 Vict. c. 63, s. 74); and by parish councils under s. 8 of the Local Government Act, 1894, as amended by the Local Government Act, 1933. Rules prescribing restrictions and conditions can be made by virtue of s. 76 of the (English) Public Health Acts Amendment Act, 1907. See RECREATION GROUNDS....
- << Prev.
- Next >>