Skip to content

Advocatetanmoy Law Library

Legal Database

United States Code

  • Title 1. General Provisions
  • Title 2. The Congress
  • Title 3. The President
  • Title 4. Flag and Seal, Seat of Government, and the States
  • Title 5. Government Organization and Employees
  • Title 6. Domestic Security
  • Title 7. Agriculture
  • Title 8. Aliens and Nationality
  • Title 9. Arbitration
  • Title 10. Armed Forces
  • Title 11. Bankruptcy
  • Title 12. Banks and Banking
  • Title 13. Census
  • Title 14. Coast Guard
  • Title 15. Commerce and Trade
  • Title 16. Conservation
  • Title 17. Copyrights
  • Title 18. Crimes and Criminal Procedure
  • Title 19. Customs Duties
  • Title 20. Education
  • Title 21. Food and Drugs
  • Title 22. Foreign Relations and Intercourse
  • Title 23. Highways
  • Title 24. Hospitals and Asylums
  • Title 25. Indians
  • Title 26. Internal Revenue Code
  • Title 27. Intoxicating Liquors
  • Title 28. Judiciary and Judicial Procedure
  • Title 29. Labor
  • Title 30. Mineral Lands and Mining
  • Title 31. Money and Finance
  • Title 32. National Guard
  • Title 33. Navigation and Navigable Waters
  • Title 35. Patents
  • Title 36. Patriotic and National Observances, Ceremonies, and Organizations
  • Title 37. Pay and Allowances of the Uniformed Services
  • Title 38. Veterans' Benefits
  • Title 39. Postal Service
  • Title 40. Public Buildings, Property, and Works
  • Title 41. Public Contracts
  • Title 42. The Public Health and Welfare
  • Title 43. Public Lands
  • Title 44. Public Printing and Documents
  • Title 45. Railroads
  • Title 46. Shipping
  • Title 47. Telecommunications
  • Title 48. Territories and Insular Possessions
  • Title 49. Transportation
  • Title 50. War and National Defense
  • Title 51. National and Commercial Space Programs
  • Title 52. Voting and Elections
  • Title 54. National Park Service and Related Programs

Read More

  • Home
    • About
  • UPDATES
  • Courts
  • Constitutions
  • Law Exam
  • Pleading
  • Indian Law
  • Notifications
  • Glossary
  • Account
  • Home
  • 2020
  • December
  • 28
  • Malik
  • Judicial Dictionary

Malik

2 min read
Print Friendly, PDF & Email

The word ‘Malik’ is of very common use in many parts of India and it cannot certainly be regarded as a technical term at conveyancing. In the language at the P. C., the term ‘Malik’ when used in a will or other document

“as descriptive of the position which a devisee or donee is intended to hold, has been held apt to describe an owner possessed of full property rights, including a full right of alienation, unless there is something in the context or in the surrounding circumstances to indicate that suchfull proprietary rights were not intended to be conferred:vide Sasiman Chowdhurain v. Shib Narain,49 I. A. 25.”

“The word “Malik” is too common an expression in this part of the country and its meaning and implications were fairly well settled by judicial pronouncements long before the document was executed. If really the grantee was intended to have only a life interest in the properties, there was no lack of appropriate words, prefectly well known in the locality, to express such intention”.

Though the word ‘malik’ s not a term of art, it has been held in quite a large number of cases, decided mostly by the Judicial Committee of the P. C. that the word, as employed in Indian documents, means absolute owner and that unless the context indicated a different meaning, its use would be sufficient to convey a full title even without the addition of the word ‘heirs’, or ‘son’, ‘grand son’ and ‘great grandson’. Of course, if there are other clauses in the document which control the import of the word and restrict the estate to a limited one, we must give the narrower meaning, otherwise the word must receive its full significance. Especially is this so, when the rule of interpretation laid down in Mohammed Shamsul v. Sewak Ram, 2 I. A. 7, (14 Beng. L. R. 226 P. C.) has come to be regarded as unsound.


Refer: AIR 1951 SC 139

Related

Continue Reading

Previous: Collusion in judicial proceedings
Next: Ultra vires rules

Indian Supreme Court Digest

  • ISKCON leaders, engage themselves into frivolous litigations and use court proceedings as a platform to settle their personal scores-(SC-18/05/2023)
  • High Court would not interfere by a Revision against a decree or order u/s 6 of SRA if there is no exceptional case (SC-2/4/2004)
  • Borrower may file a counterclaim either before DRT in a proceeding filed by Bank under RDB Act or a Civil Suit under CPC-SC (10/11/2022)
  • When Supreme Court interfered in case of High Court refused Anticipatory Bail (02/12/2022)
  • Award can be modified only to the extent of arithmetical or clerical error-SC (22/11/2021)

Write A Guest Post

Current Posts

PM’s address at the celebration of dedication of New Parliament Building to the Nation (28/05/2023)
1 min read
  • Speeches

PM’s address at the celebration of dedication of New Parliament Building to the Nation (28/05/2023)

Betrayal In India-D F KARAKA (1950)
329 min read
  • BOOK

Betrayal In India-D F KARAKA (1950)

Siva’s 1000 Names (शिवसहस्रनामावलिः)
1 min read
  • Sanskrit Documents

Siva’s 1000 Names (शिवसहस्रनामावलिः)

History of the Banaras Hindu University by S L Dar (2007)
4 min read
  • BOOK

History of the Banaras Hindu University by S L Dar (2007)

  • DATABASE
  • INDEX
  • JUDGMENTS
  • CONTACT US
  • DISCLAIMERS
  • RSS
  • PRIVACY
  • ACCOUNT
Copyright by Advocatetanmoy.