Tenancy For Years - Law Dictionary Search Results
At any given time
At any given time, the expression 'at any given time' means till that time when the results can be declared, Lalit Mohan Pandey v. Poorman Singh, (2004) 6 SCC 626 (664): AIR 2004 SC 2303.At any time, the expression at any time merely means that the termination may be made even during the subsistence of the term of appointment, Shrilakha Vidyasthi v. State of Uttar Pradesh, (1991) 1 SCC 212: AIR 1991 SC 537 (546): (1991) 1 SCC 212.The expression 'at any time' thus takes in such cases as where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed, Western India Match Co Ltd. v. Workers Union, (1970) 1 SCC 225 (231): AIR 1970 SC 1205. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947)]Exercise of suo motu power 'at any time' only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that 'at any time' should be unguided and arbitrary. In th...
Fines in copyholds
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Law of Property Act, 1925 (English)
Law of Property Act, 1925 (English) 915 Geo. 5,c. 20), with amending Acts, 1926, 1929 and 1932 (cited together as the Law of Property Acts, 1925 to 1932), has consolidated and effected changes in the land laws with the object of simplifying the transfer and conveyance of land. An important change was the abolition of all legal estates or tenures in land, except an estate in fee simple in possession, and a term of years absolute in or in certain incorporeal hereditaments arising out of annexed to or charged upon the legal estate in land. Any number of these legal estates can exist in respect of the same piece of land or incorporeal hereditament; for instance, land may be held in fee simple, leased and mortgaged at the same time. all other estate and interests inland are reduced to equitable interests. All mortgages of the same legal estate under the statutory conditions are legal estates. None being for the whole fee simple or the term, but each for a term taken out of the fee or origin...
Tenant-right
Tenant-right, in England--(1) a custom ensuring to an out-going tenant compensation from his landlord for not being able to reap the full benefit of labour or improvements expended or made during the tenancy; or (2) the money due in pursuance of the custom. There is an implied contract by the landlord to pay this [Faviell v. Gaskoin, (1852) 7 Ex 273], and a custom throwing liability on the incoming tenant is bad [Bradburn v. Foley, (1878) 3 CPD 129] though as a matter of act and for convenience the incoming tenant generally pays the compensation by agreement with the landlord.Also the name given to tenures in ancient demesne in the North of England.See also CUSTOM OF THE COUNTRY and AGRI-CULTURAL HOLDINGS; MARKET GARDEN.In Ireland, also a custom either ensuring a permanence of tenure in the same occupant without liability to any other increase of rent than may be sanctioned by the general sentiment of the community; or entitling a tenant of a farm to receive purchase-money, amounting t...
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