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Run with the land-Run with the reversion

Run with the land-Run with the reversion. A covenant is said to 'run with the land,' either leased or conveyed in fee, when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. A covenant is said to 'run with the reversion' to land leased when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that reversion. Consult Spencer's case, (1583) 1 Sm LC 1, where a list of the covenants running with the land and not so running is given; and see, too, Woodfall, L & T.; Dyson v. Forster, 1909 AC 98.The benefit of a covenant made after 1925 running with the land is to be deemed to be made with the covenantee, his successors in title and the persons deriving title under him or them; and in connection with restrictive covenants, 'successors in title' includes owners and occupiers for the time being of the land intended to be benefited (Law of Property Act, 1925, s. 78). S. 58 of the Conveyanc...


Assault with intent

Assault with intent, means any of the several assaults that are carried out with an additional criminal purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with intent to rape, and assault with intent to inflict great bodily injury. There are modern statutory inventions that are often found in State Criminal Codes, Black Law Dictionary 7th Edn., p. 110....


Charged with and tried for an offence

Charged with and tried for an offence, The words 'charged with and tried for an offence' mean that there are accusations and allegations against the person. The words 'charged with' are used in s. 5(1)(a) of the Criminal Law Amendment (Amending) Act, 1966 in contra-distinction to the words 'charges have already been framed' in s. 5(1)(b) of the Act. Therefore the use of separate words in the two separate cls. (a) and (b) is significant to indicate that the statute speaks of the words 'charged with' in cl. (a) not in the sense of 'charges have been framed' in cl. (b). The legislative intent is abundantly clear from the use of separate words. Ss. 251, 251A, 252, 253 and 254 of the Cr PC provided that the Magistrate may discharge the accused where the charge against the accused appears to be groundless indicates that the words 'charged with' cannot be said to mean framing of a charge, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1129): (1971) 2 SCC 126....


Concerned in or dealing with goods

Concerned in or dealing with goods, The words 'concerned in' mean 'interested in, involved in, mixed up with' while the words 'deal with' mean 'to have something to do with, to concern one-self, to treat, to make arrangement, to negotiate with respect to something', Assistant Collector of Customs v. Sitaram Agarwala, AIR 1966 SC 955: (1966) 2 SCR 1. (Customs Act, 1962, ss. 135, 111, 112)...


Serving in connection with the affairs of the Union or in the State

Serving in connection with the affairs of the Union or in the State, explanation to r. 2(a) of the All India Services (Conduct) Rules, 1968 enlarges the meaning of the expression 'serving in connection with the affairs of the Union or in connection with the affairs of the State'. It provides that a member of the Service whose services are placed at the disposal of a company, corporation or other organisation or a local authority by the Central Government or the Government of a State, shall, for the purpose of those rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of the State, as the case may be, notwithstanding that his salary is drawn from the sources other than the Consolidated Fund of India or the Consolidated Fund of that State. The legal function contained in Explanation to Rule 21(a), is for a limited purpose, S.S. Dhanoa v. Municipal Corporation, AIR 1981 SC 1395: (1981) 3 SCC 431: (1981) 3 SCR ...


Offence not punishable with death or transporta-tion for life

Offence not punishable with death or transporta-tion for life, the plain meaning of the words 'an offence not punishable with death or transporta-tion for life' is 'an offence not punishable with death or an offence not punishable with transporta-tion for life', State v. Sheo Shanker, AIR 1956 All 326 (327). [U.P. First Offenders Act, (6 of 1938), s. 4]...


Otherwise dealt with

Otherwise dealt with, the words 'otherwise dealt with' does not necessarily mean something which is not included in the investigation inquiry or trial and the words 'otherwise' points to the fact that the expression 'dealt with' is all comprehensive and that investigation inquiry and trial are some of the aspects dealing with the offence, State of Punjab v. Balbir Singh, AIR 1994 SC 1872. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 50)]...


Parting with possession

Parting with possession, the term 'parting with possession' means possession with the right to include and also a right to exclude others, Delhi Stationers and Printers v. Rajendra Kumar, AIR 1990 SC 1208 (1209): (1990) 2 SCC 331.(ii) 'Parting with possession' means giving possession to persons other than those to whom possession had been given by the lease, Jagan Nath v. Chander Bhan, AIR 1988 SC 1362 (1364): (1988) 3 SCC 57: (1988) Supp 1 SCR 325. [Delhi Rent Control Act, 1958, s. 14(1)(b)]...


Person with low vision

Person with low vision, means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (u)]...


With

With, is at the same time, in the company of, U.P. Avas Evam Vikas Parishad v. Ram Krishna, (2002) 3 SCC 11.Means accompanied by; having as an addition or accompaniment. Frequently used to connect two nouns, in the sense 'and', 'as well', New Shorter Oxford Dictionary (1993). See also A.K. Raghumani Singh v. Gopal Chendra Nath, (2000) 4 SCC 30.The word 'with' in Article 304(b) of the Constitution of India, involves an element having its situs in another State, State of Bihar v. Harihar Prasad Bebuka, AIR 1989 SC 1119: (1989) 1 SCR 796: (1989) 2 SCC 192.The meaning of the word 'with' is generally gathered from the context and has to be considered in conjunction with words which precede and those which follow it, Delhi Development Authority v. Durga Chand Kaushish, AIR 1973 SC 2609: (1974) 1 SCR 535: (1973) 2 SCC 825 (832); see also (2000) 4 SCC 302....


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