Standing Timber - Law Dictionary Search Results
Home Dictionary Name: standing timberStanding timber
Standing timber, Standing timber may ordinarily not be regarded as 'goods', but by the inclusive definition given in s. 2(7) of the Sale of Goods Act things which are attached to the land may be the subject-matter of contract of sale provided that under the terms of the contract they are to be severed before sale or under the contract of sale, State of Maharashtra v. Champalal Kishanlal Mahata, AIR 1971 SC 908 (910): (1970) 1 SCC 611....
Timber
Timber, has an enlarged or restricted sense, according to the connection in which it is employed, and may refer to standing trees or wood suitable for the manufacture of lumber to be used for building and allied purposes, Corpus Juris Secundum, Vol. 54, p. 1.Timber, may be used in a restricted as well as enlarged sense. In the restricted sense it means specified trees like oak, ash, elm, teace, blackwood, ebony etc. and in the enlarged sense it means woods suitable for building, furniture, and carpentry etc., and includes standing trees. Its true meaning has to be determined from the context in which it is employed, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See also Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Means at common law oak, ash and elm are timber if over twenty years old, but not so old as to have unusable wood in them. Other trees may be timber by the custom of the country. Thus beech is timber by the custom of Buckinghamshire an...
Immovable property
Immovable property, things rooted in the earth as in the case of trees and shrubs, are immovable pro-perty both within the General Clauses Act and the Transfer of Property Act, but in the latter, 'standing timber', 'growing crop' and 'grass' though rooted in earth are not included, Mahadeo v. State of Bombay AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. [Registration Act, 1908 (16 of 1908), s. 2 (6)]Trees are regarded as part of land because they are attached and rooted in the earth, Suresh Chand v. Kundan, (2001) 10 SCC 221 (224).Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastene...
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...
immovable
immovable : incapable of being moved see also immovable property at property n : an item of immovable property (as land, standing timber, or a building) [a manufactured home placed upon a lot or tract of land shall be an "Louisiana Revised Statutes"] ;also : an interest or right (as a servitude) in an item of immovable property [a predial servitude is an incorporeal "Louisiana Civil Code"] often used in pl. compare movable ...
Movable property
Movable property, includes growing crops. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (13)]It includes standing timber, growing corps and grass, fruit upon and juice in trees, and property of every other description, except immovable property. [Registration Act, 1908 (16 of 1908), s. 2 (9)]The words 'movable property' are intended to include corporal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [Penal Code, 1860 s. 22]Movable property shall mean property of every description, except immovable property. [General Clauses Act, 1897 (10 of 1897), s. 3(36)]...
stand
stand stood stand·ing vi 1 : to be in a particular state or situation [ accused] 2 : to remain valid or effective [let the ruling ] vt : to submit to [ trial] stand in judgment : to submit to the judgment of the court stand in the shoes of : to assume the rights or obligations of stand mute : to be effectively silent: as a : to exercise the privilege against self-incrimination (as in a trial) b : to raise no objections [the prosecution agreed to stand mute at the sentencing] stand on : to depend on esp. as the basis of an argument or claim [a party who stands on the writing as a complete and exclusive embodiment of the contract "J. J. White and R. S. Summers"] n : the place taken by a witness for testifying in court [take the ] compare bar, bench, dock, sidebar ...
Bus-Stand
Bus-Stand, a bus stand means a place where bus services commence or terminate. It is the place where the buses stand for commencing its transport service or where they stand after terminating their service, that is popularly known as a bus-stand, Municipal Board v. State Transport, Authority, AIR 1965 SC 458 (464): 1963 Supp (2) SCR 373. (Motor Vehicles Act, 1939)...
Locus standi
Locus standi, is a place for standing, rights to be heard, A Dictionary of Law, William C. Anderson, 1889, p. 637.Locus standi, is the right of the petitioner against a private, provisional order or hybrid bill or special procedure order to be heard upon his petition. A petitioner has locus standi which his interest is directly hit by the bill, if passed into law, Parliamentary Dictionary, L.A. Abrahan and S.C. hawtrey, 1956, p. 113.Locus standi, the right of a party to appear and be heard on the question before any tribunal, frequently disputed in private bill legislation. Consult the works of Smethurst, or of Clifford and Stephens, on this subject....
third-party standing
third-party standing : standing sometimes granted to a party claiming to protect the rights or interests of a third party compare batson challenge NOTE: Third-party standing is granted esp. when a statute is challenged as unconstitutionally overbroad or when a party (such as a criminal defendant) challenges the exclusion of a juror who is being denied equal protection by being excluded esp. because of race or gender. ...
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