Useful - Law Dictionary Search Results
Home Dictionary Name: usefulUses
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...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
Springing use
Springing use, a form of use in the nature of an executory interest directing property inland to vest at a future period which does not coincide with the termination of a legal estate at common law, for instance. In conveyances before 1926, upon a grant by X. To B. to the use of A. (an infant) in fee attaining twenty-one years of age, the use results to the settlor until, if ever, the period arrives and a good legal estate was conferred upon A. attaining that age by virtue of the statute. The use may be contingent as in that case, or vested, as grant to B. to the use of A. in fee upon the death of C., a stranger. If the grant defeats a previous legal estate and is not capable of being construed as a vested or contingent remainder, it may operate as a shifting use. Springing and shifting uses were resorted to in order to facilitate freedom of grant or conveyance of the legal estate inland by virtue of the Statute of Uses. Grants which would have created springing or shifting uses if the...
Use
Use, connotes that the traveling or stationary vehicle at the time when it becames the subject-matters of a delictum was at the place where it is found in the course of its user in accordance with the permit granted to it, TV Moidu (in re:), AIR 1960 Mad 265.Use, in application of law is the profit or benefit of lands and tenement, or a trust and confidence reposed in a man for the holdings of lands, that he to whose use the trust is made shall take the profits thereof, Tomlins.Use, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (xxviiia)]Meaning of the word 'use' in the Oxford Dictionary some of which are as follows: 'To make use of as a means or instrument; To employ for a profitable end;' Automotive Manufacturers (P) Ltd. v. Govern-ment of Andhra Pradesh, AIR 1972 SC 229 (231): (1972) 1 SCC 125: (1972) 2 SCR 593.1. The application or employment of s...
Consumption and use
Consummation, of tenancy by the curtesy is when a husband, upon his wife's death, becomes entitled to hold her lands in fee simple or fee tail, of which she was seised during the marriage, for his own life, provided he has had issue by her, capable of inheriting. His estate becomes initiate upon birth of a child.Consummation, (1) the completion of a thing; (2) the completion of a marriage between wedded persons by cohabitation.Consummation, defined in Black's Law Dictionary, 6th Edn., 'the completion of a thing; the completion of a marriage by cohabitation between spouses', Babu S/o Raveendran v. Babu S/o Bahuleyan, (2003) 7 SCC 37.Consumption, means every fact which it is necessary to establish to support a right or obtain a judgment, Sadanandan Bhadran v. Madhavan Sunil Kumar, (1998) 6 SCC 514.The word consumption in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. But in some le...
Feoffee to uses
Feoffee to uses, the person in whom, before the Statute of Uses, the legal seisin or feudal tenancy of the land was vested, the substantial and beneficial ownership or use being in the cestui qui use. The statute put an end to the estate of the feoffee to uses by transferring the possession from him to the cestui que use, who had now the legal estate, the use in his favour being executed by the statute. The (English) Law of Property Act, 1925, s. 207, 7th Sched., has repealed the Statute of Uses in regard to dealings taking effect after 1925 and vests the legal ownership in the grantee, the beneficial owner (if another) becoming a mere cestui que trust; see also L.P. Act, 1925, 1st Sched. Part II., para 3, and L.P. (Amendment) Act, 1926, Sched. See USE....
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Genuine use
Genuine use, where use is a mere sham, is formalis-tic or notional, where it is empty of substance and directed solely at avoiding revocation and does not serve to carve out an opening in the market for the goods and services to which it relates, that use does not constitute genuine use. Examination of the various language versions of the directive (the Dutch version uses the term 'normal', the French has 'usage serieux' the Portuguese, 'uso serio', the English 'genuine use', and the German, 'ernsthafte Benutzung'; the Italian uses the same adjective as the Spanish: 'effettivo') leades to the conclusion that the kind of use intended is what may be described as 'sufficient', Ansul BV v. Ajax Brandbeveiliging BV, (2004) 3 WLR 1048 (EC)...
Resulting use
Resulting use, an implied use.A resulting use arose where the legal seisin was transferred, and no use was expressly declared, nor any consideration nor evidence of intent to direct the use; the use then remained in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transferred the legal estate to such resulting use. The Statute of Uses has been repealed by the Law of Property Act, 1925...
Used substantially
Used substantially, 'used substantially' for the pur-pose of the mine or a number of mines under the same management, in relation to workshops. The use of the word 'and' makes both the conditions conjunctive. Sub-clause (xi) uses the words 'if solely used' for the location of the management, sale of liaison offices, or for the residence of officers and staff, of the mine, in relation to lands and buildings. The difference in language between the two expressions 'used substantially' and 'solely used' is obvious. It is therefore, possible to contend that lands and buildings appurtenant to a coal mine, if not exclusively used for purposes of the colliery business, would not come within the definition of mine in s. 2(h), i.e., it would depend upon the nature of user, and that the crucial date is the date of vesting, New Satgram Engineering Works v. Union of India, AIR 1981 SC 124: (1980) 4 SCC 570: (1981) 1 SCR 406....
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