Satisfied Terms Act - Law Dictionary Search Results
Home Dictionary Name: satisfied terms actSatisfied Terms Act
Satisfied Terms Act (English) (8 & 9 Vict. c. 112). See OUTSTANDING TERMS....
Attendant term
Attendant term. Terms for years in real property are created for many purposes, e.g., to furnish money for the payment of debts, to secure rent charges or jointures, to raise portions for younger children, daughters, etc. Now, although the purpose for which the term was originally created has been satisfied or has failed, yet, not being surrendered, it continued to exit, the legal interest remaining in the trustees, to whom it was at its creation limited, or, if deceased, in their personal representatives; but the person entitled to the inheritance then became, according to equitable principle, entitled to the beneficial interest in such term, and the term or was held to be such person's trustee. This beneficial interest was subordinate to and merely attendant upon the higher estate possessed by the owner of the inheritance, and yet completely consolidated with it, following the inheritance in all the various modifications and changes to which it might be subjected by act of law or arr...
Outstanding term
Outstanding term, a term in gross at law, which, in equity, may be made attendant upon the inheritance, either by express declaration or by implication. See the (English) Satisfied Terms Act, 1845, extended by the (English) Law of Property Act, 1925, s. 5, and 1st Sched., Part II., par. (1), to outstanding terms out of leaseholds and vesting the outstanding terms in the immediate reversion; for the law before 1926, see Re Moore and Helm, (1912) 2 Ch 105, and for conditions of sale. [see Law of Property Act, 1925, s. 42 (3)]...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Act
Act, Something done or performed especially voluntarily; a deed, Black's law Dictionary, 7th Edn., p. 24.Is used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to act done extend also to illegal omissions. [General Clauses Act, 1897 (10 of 1897), s. 3 (2)]The term act is one of the ambiguous import, being used in various senses of different degrees of generation. When it is said, however, that an act is one of the essential conditions of liability. We use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law. John Salmond, Jurisprudence 367; Glanville L. Williams, 10th Edn. 1947.Act does not mean depose, Janki Vashdeo Bhojwani v. Indusind Bank Ltd., AIR 2005 SC 439.In view of the provisions of the General Clauses Act, the expression 'act also includes illegal omissions,...
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Portion
Portion, property settled or provided in favour of children or their issue. In settlements by deed or will of personal property, portions were and are usually effected by direct trusts in favour of the children or issue, either immediately or after the death of the parent or parents. In regard to realty the usual plan was to settle a long term of years from or out of the real estate upon trust to sell or mortgage the term in order to provide the portions when they became payable. See SATISFIED TERM; ATTENDANT TERM. This term preceded the settlement of the estate in fee or in tail according to the intention of the settlor. This method is still available although the term is not a legal estate and will not affect a purchaser even with notice who takes his title from estate owners who are entitled to sell the estate unaffected by the term, but the trustees entitled to the term may require to have the term secured by a legal mortgage. See Law of Property Act, s. 3 (1) and Settled Land Act,...
Colonial Attorneys Relief Acts (English)
Colonial Attorneys Relief Acts (English), 1857, 1874, and 1884 (20 & 21 Vict. c. 39, 37 & 38 Vict. c. 41, and 47 & 48 Vict. c. 24). These Acts provided for the admission, to practise as solicitors in the Supreme Court in England, of all persons, being subjects of the British Crown, who have been duly admitted and enrolled as attorneys and solicitors in any colony. These Acts were repealed by the Colonial Solicitors Act, 1900 (63 & 64 Vict. c. 14), which was in turn repealed by the Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), and s. 35 enacts:-(1) A solicitor of a Superior Court in a British possession to which this section applies who has been in practice before such Court for not less than three years may-(a) on giving due notice and the prescribed proof of his qualification and good character; and(b) on passing the prescribed examination or, in the prescribed cases, without examination; and(c) after service under Articles during the prescribed period or, in the prescribed cases, wit...
If the controller is satisfied
If the controller is satisfied, the words in s. 10 of the Madras Building (Lease and Rent Control) Act, 1960 'if the Controller is satisfied' do not have any special significance. An ordinarily Civil Court try-ing a suit either on a mortgage or on a promissory note has necessarily to be satisfied about the execu-tion of the document, the passing of consideration etc., before it can pass a decree on the basis of either the mortgage or the promissory note. Therefore, the fact that u/s. 10 the Controller has to be satisfied that the ground for eviction exists does not mean that his satisfaction cannot be based on the same considerations on the basis of which the Civil Courts can be satisfied, K.K. Chari v. R.M. Seshadri, AIR 1973 SC 1311: (1973) 3 SCR 691: (1973) 1 SCC 761....
Satisfied on the evidence
Satisfied on the evidence, these words 'satisfied on evidence' in s. 14 of the Divorce Act 1869, imply that it is the duty of Court to pronounce a decree when it is satisfied that the case has been proved beyond reasonable doubt as to the commission of a matrimonial offence, Earnist John White v. Kathleen Olive White, AIR 1958 SC 441 (444): (1958) SCR 1410. (Divorce Act, 1869, ss. 14, 7)...
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