The Premises - Law Dictionary Search Results
Home Dictionary Name: the premises Page: 5 Page 5 of about 275 results (0.003 seconds)Material alteration
Material alteration, A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336 (347): (1977) 1 SCC 379: (1977) 1 SCR 853.The material alterations contemplate change of substantial nature affecting the form and character of the building. Many a time tenants make minor constructions and alterations for the convenient use of the tenanted accommodation. The legislature does not provide for their eviction; instead, the construction so made would furnish ground for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs ...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Flat
Flat. A set of rooms on one floor of a house usually let unfurnished in many separate flats, which for all legal purposes are separate houses. For the purposes of the Housing Act, 1936, defined as a separate and self-contained set of premises constructed for use for the purposes of a dwelling and forming part of a building from some other part of which it is divided horizontally, and 'block of flats,' a building which contains two or more flats and consists of three or more storeys exclusive of any storey which is constructed for use for purposes other than those of a dwelling. See Blackwell on the Law of Residential Flats; Woodfall, L. and T., and Forms in Appendix B. of that work.adj. without an allowance or charge for accused interest, Black's Law Dictionary, p. 652.A house in a larger block; an apartment, Black's Law Dictionary, 7th Edn., p. 652.Flat, means a separate set of premises forming part of a building being a set of premises occupied wholly or mainly as a private dwelling,...
Complete destruction
Complete destruction, in Article 592 of American Jurisprudence, the statement of law on the consequences of complete destruction of a building is stated as under:592. Complete destruction. - The common-law rule that a lessee is not relieved of his obligation to pay rent through the accidental destruction of the building demised to him presupposes that some part of the premises remains in existence for occupation by the tenant, irrespective of the destruction. If the destruction of the premises is complete - nothing remaining, the subject-matter or thing leased no longer existing then the liability of the tenant for rent ceases or extinguishes. ... Thus, it has been held that the destruction of the property extinguishes the liability for rent, as under a lease of a river front and landing consisting of a narrow footing at the base of a bluff without any wharf, dock, or pier, where the unprecedented ravages of the river effectually took away the use of the landing by washing away all but...
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
A priori
A priori. All arguments may be divided, according to the relation of the subject-matter of the premises to that of the conclusion, into (a) a priori (from the antecedent to the consequence), or those of such a nature that the premises would account for the conclusion, were that conclusion granted, which is the Aristotelian method of reasoning; and (b) a posteriori (from the consequence to the antecedent), or those whose premises could not have been used to account for the conclusion, which is the Baconian method of reasoning. The former class is manifestly argument from cause to effect, since to account for anything signifies to assign the cause of it. The latter class comprehends all other arguments...
Seizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
Print works
Print works. Any premises in which any persons are employed to print figures, patterns, or designs upon any cotton, linen, woolen, worsted, or silken yarn, or upon any woven or felted fabric not being paper: placed first on the list of 'non-textile factories,' and regulated as such by the Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), 'letter-press print works' being in the same list (Sch. Vi.) described separately as 'any premises in which the process of letter-press printing is carried on....
Private road
Private road, 'private road' means any street, road, square, court alley or passage which is not a public road and includes a pathway made by the owner on premises of his own land to secure access to, or the convenient use of, such premises. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(45)]...
- << Prev.
- Next >>