The Premises - Law Dictionary Search Results
Home Dictionary Name: the premises Page: 4 Page 4 of about 275 results (0.003 seconds)Workshop
Workshop, for the purpose of (English) Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), means hat works, rope works, bakehouses, lace warehouses, shipbuilding works quarries, pit banks, dry-cleaning, carpet-beating, and bottle-washing works, and any premises named in Part II. of the 6th Schedule, not being a 'factory' where manual labour is used for gain, or for making, repairing, or adapting for sale any article, in premises to which the employer has a right of access, including laundries, as provided by the (English) Factory and Workshop Act, 1907 (7 Edw. 7, c. 39), s. 1; all consolidated and repealed by the Factories Act, 1937, and of FACTORY.Means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of s. 67 of the Factories Act, 1948 for the time being, apply. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2(x)]...
Statutory tenant
Statutory tenant, a person remaining in occupation of premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a statutory tenant. Statutory tenant being a person who enjoys the status of irremovability, would enjoy the protection of the statute until he is evicted from the premises under the enabling provisions of the statute. A statutory tenancy would, therefore, come to an end on either the surrender of premises by such a tenant or if a decree of eviction, Biswabani Pvt. Ltd. v. Santosh Kumar Dutta, AIR 1980 SC 226: (1980) 1 SCR 650: (1980) 1 SCC 185.Statutory tenant, a tenant continuing in possession of a rented land or building after its termination of tenancy is 'statutory tenant', AIR 1989 P&H 9(10). [Haryana Urban Control of Rent and Eviction) Act, 1973, s. 4(2)(b)]Statutory tenant, can be described more conveniently as a tenant whose contractual tenancy has been terminated, Ratanlal v. Raniram, 1986...
Electoral franchise
Electoral franchise. (1) The qualifications entitling persons to vote at Parliamentary elections. A brief sketch of the changes up to 1884 in (a) Counties, and (b) Boroughs is as follows:(a) Originally the freeholders elected the members for the county: later, residence was made an additional qualification. In the fifteenth century the qualification was limited to resident freeholders of lands or tenements to the value of 40s. by the year (8 Hen. 6, c. 7). Towards the end of the eighteenth century the residence qualification was abolished. The (English) Reform Act, 1832, extended the franchise to 10l. copyholders and to leaseholders for terms of years, and tenants at will paying a minimum of 50l. yearly rent (2 & 3 Wm. 4, c. 45, ss. 19 and 20). The (English) Representation of the People Act, 1867, extended the franchise to every duly registered man of full age who was-(i) the owner of lands or tenements, of whatever tenure, for his own life, for the life of another or for any lives wha...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Caveat viator
Caveat viator (let the traveller beware), meaning that he must use reasonable care for his own safety; but a traveller or passer-by on premises on or over which he has a right to be or to pass is entitled to be protected from the negligence of those who are under some duty to passers-by or users of the premises. The degree of duty varies according to whether the victim of the accident has a contract involving care or even absolute assurance or warranty on the part of the defendant in regard to the soundness of the premises or otherwise, or whether the plaintiff was a visitor or licensee. See Indermaur v. Dames, (1866) LR 1 CP 274, Latham v. Johnson, 1913 (1) KB 398, and Norman v. Great Western Railway Company, 1915 (1) KB 584 (2) CP 311. The case of a trespasser is quite different, but even then the owner of the land or person in possession has no right to lay a trap for him or commit any other wilful injury, see Bird v. Holbrook, (1828) 4 Bing 628, with that exception, the owner of th...
Landlord
Landlord, he of whom land or tenements are holden; who has a right to distrain for rent in arrear, etc., Co. Litt. 57. See Foa or Woodfall on Landlord and Tenant, and also the (English) Rent and Mortgage Interest Restrictions Act, 1920 (10 & 11 Geo. 5, c. 17), s. 70.Includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.Mean a person who is the owner of the building and who has a right to remain in occupation and actual possession of the building to the exclusion of everyone else. It is such a person who can seek to evict the tenant on the ground that he requires possession in good faith for his own occupation, M.M. Quasim v. Manohar Lal Sharma, ...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Service line
Service line, the transformer is not a part and parcel of the 'service line', AIR 1977 All 499 (502). [Electricity Act, 1910, s. 2(1)]Means any electric supply-line through which electricity is, or is intended to be, supplied, (a) to a single consumer either from a distributing main or immediately from the Distribution Licensee's premises; or (b) from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main. [Electricity Act, 2003 (36 of 2003), s. 2(61)]...
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