Severance In Status - Law Dictionary Search Results
Home Dictionary Name: severance in status Page 1 of about 11 results ( seconds)Severance in status
Severance in status, define separation from commenuality and joint worship does not necessarily effect a division of a joint undivided Hindu family. Such a separation may be due to various causes, and the family may yet continue joint in estate. To constitute separation, there must be a clear and unambiguous declaration by a member of his intention to separate himself from the family. The fact of the separation of one member raises no presumption, either that there was a separation amongst the other members, or that the latter remained joint. Whether the other members here remained joint or not is a question of intention, which has to be determined on the facts of each case, Shiba Prashad Singh v. Rani Prayag Kumari Debi, AIR 1932 PC 216: 59 IA 331....
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
joint
joint 1 : common to two or more: as a : involving the combined activity or negligence of two or more [a tort] see also joint tortfeasor compare several b : shared by or affecting two or more as a unit [a account] 2 : united, joined, or sharing with another (as in a right or status) [ heirs] ...
office action
office action A letter from a trademark examining attorney from the USPTO, setting forth the legal status of a trademark application. There are several types of Office actions: examiner's amendments, priority actions, non-final Office actions, final Office actions, and suspension inquiry letters. Source: U.S. Patent and Trademark Office ...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Ireland
Ireland was a distinct kingdom until 1801, when the Union with Ireland Act, 1800 (39 & 40 Geo. 3, c. 67) (see Chitty's Statutes, tit. 'Union Acts'), formed the 'United Kingdom of Great Britain and Ireland.' This Act confirmed the eight Articles of Union, and provided for Irish representation in both Houses of Parliament at Westminster. Redistribution of the Irish seats in the House of Commons was carried out in 1832, 1867, and 1885. The constant demand for a separate Parliament for Ireland led to the introduction of various Bills, but it was not until 1914 that the Government of Ireland Act of that year was placed on the Statute Book. The operation of this Act was suspended for the duration of the war. The demand of the Irish Republicans of the South for a complete severance led to the Govern-ment of Ireland Act, 1920, which superseded the Act of 1914. It provided for separate Governments in Northern and Southern Ireland, each with an Executive and Legislature of two chambers, and a Co...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
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