Vacant - Law Dictionary Search Results
Home Dictionary Name: vacantVacant land
Vacant land, is land which is not being used mainly for the purposes of agriculture in an urban agglomeration, Parshottamdas Ramdas Patel v. Municipal Corporation Ahmedabad, (1981) 22 Guj LR 137 (DB).Vacant land, is land which is not being used mainly for the purposes of agriculture, which includes horticulture and the land on which no construction can be made under the Building Regulations of the Calcutta Corporation is not and cannot be vacant land, Gautam Roy v. State, AIR 1993 Cal 266: (1993) 1 Cal LJ 405: (1993) 97 Cal WN 302.Means land as such, not being land mainly used for the purpose of agriculture, but situated in an urban agglomeration, Meera Gupta v. State of West Bengal, (1992) 1 Civ LJ 203 (SC).Means land, not being land mainly used for the purpose of agriculture, within the local limits of Kolkata and Howrah Municipalities under the jurisdiction of Kolkata. [Metropolitan Develop-ment Authority Kolkata Land Revenue, Act, 2003, s. 2(n)]The expression 'vacant land' is defin...
vacant succession
vacant succession see succession ...
Vacant
Vacant, may be said to have a more definite connotation and a narrower ambit than the word 'expedient' but that does not mean necessarily that the word 'expedient' is so vague or nebulous as cannot serve the purpose of providing sufficient guideline, Jayatilal Parshotamdas v. State, 11 Guj LR 403 (DB)....
Vacant possession
Vacant possession, in action of recovery of land. See R.S.C. 1883, Ord. IX., r. 9, as to mode of service of writ....
Vacant succession
Vacant succession, an inheritance the heir to which is unknown....
vacant
vacant 1 : not filled or occupied 2 a : not put to use [ land] b : having no heir or claimant [a estate] ...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Quare impedit
Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without s...
Next presentation
Next presentation, the right to present to an ecclesiastical benefice on the occurrence of the next vacancy. The purchase of the next presentation of a vacant benefice is illegal and void; and a clerk could not purchase a next presentation, even if the church were full, with a view of presenting himself. The sale of next presentations is now abolished and the transfer of rights of patronage of a benefice strictly regulated by the Benefices Act,1898, and the rules made thereunder, and further restricted by the (English) Benefices Act,1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1)....
Hold
Hold, to have as tenant.Of a Court or judge, to enounce a legal opinion. In strictness, a court 'holds,' and a single, judge 'rules.'It means 'own', State of West Bengal v. Subodh Gopal Bose, AIR 1954 SC 92: (1954) SCR 587.'Hold' means own. This expression connotes two concepts, i.e., physical possession or legal title to the vacant lands, Govt. of A.P. v. H.E.H. Nizam, Hyderabad, AIR 1996 SC 3142: (1996) 3 SCC 282. [Urban Land (Ceiling and Regulation) Act, 1976, s. 3]1. In England, tenure 2. This word occurs most often in conjunction with other, e.g. fee-hold, lease hold, Black's Law Dictionary, 7th Edn....
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