Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Waste
, n. 1. Permanent harm to real property committed by a tenant (for life or for years) to the prejudice of the heir, the reversioner, or the remainderman. ( In the law of mortgages, any of the following acts by the mortgagor may constitute waste: (1) physical damage, whether intentional or negligent, (2) failure to maintain and repair, except for repair of casualty damage or damage caused by third-party acts, (3) failure to pay property taxes or governmental assessments secured by a lien having priority over the mortgage, so that the payments become delinquent, (4) the material failure to comply with mortgage covenants concerning physical care, maintenance, construction, demolition, or casualty insurance, or (5) keeping the rents to which the mortgagee has the right of possession. - Also termed vastum.
Wastewater
1. Water that escapes from the canals, ditches, or other receptacles of the lawful claimant; water that is not used by the appropriator and is permitted to run off the appropriator's property. 2. Water that is left over, esp. after a chemical or manufacturing process.
active waste
See commissiue waste under WASTE.
active waste.
See commissive waste
affirmative waste
see commissiue waste under waste (1).
affirmative waste.
See commissive waste.
ameliorating waste
A lessee's unauthorized change to the physical character of a lessor's property - technically constituting waste, but in fact resulting in improvement of the property. ( Generally, equity will not enjoin such waste. - Also termed ameliorative waste.
ameliorative waste-
see ameliorating waste under waste (1
commissive waste
. Waste caused by the affirmative acts of the tenant. - Also termed active waste; affirmative waste; voluntary waste.
double waste
Hist. The destruction occurring when a tenant having a duty to repair allows a house to deteriorate, and then unlawfully cuts down timber to repair it.
economic waste
Overproduction or excessive drilling of oil or gas.
equitable waste
An abuse of the privilege of nonimpeachability for waste at common law, for which equity will restrain the commission of willful, destructive, malicious, or extravagant waste; esp., waste caused by a life tenant who, although ordinarily not responsible for permissive waste, flagrantly damages or destroys the property. "A life tenant with the benefit of an express exemption from liability for voluntary waste will nevertheless be restrained in equity from committing acts of flagrant destruction to the premises; hence the (seemingly paradoxical) term, equitable waste'. A life tenant who has engaged in, or who threatens to engage in, reprehensible acts of voluntary waste will not be permitted unconscientiously to shield behind his legal right to commit waste to the detriment of those next entitled to en
hazardous waste
See WASTE
hazardous waste.
Waste that - because of its quantity, concentration, or physical, chemical, or infectious characteristics - may cause or significantly contribute to an increase in mortality or otherwise harm human health or the environment. 42 USCA § 6903(5). - Also termed hazardous substance.
impeachment of waste
Hist. An action for waste against the tenant of the harmed property."[Flor above five hundred years past, all tenants for life or for any less estate, have been punishable or liable to be impeached for waste, both voluntary and permissive; unless their leases be made, as sometimes they are, without impeachment of waste ...." 2 William Blackstone, Commentaries on the Laws of England 283 (1766).
nul waste
n. [Law French "no waste"] Hist. The defendant's general denial in an action to recover damages for the destruction of lands and tenements. See NUL TORT.
permissive waste
. A tenant's failure to make normal repairs to property so as to protect it from substantial deterioration.
toxic waste
. Hazardous, poisonous substances, such as dichlorodiphenyltrichloroethane (DDT). ( Most states regulate the handling and disposing of toxic waste, and several federal statutes (such as the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 USCA §§ 9601-9657) regulate the use, transportation, and disposal of toxic waste.
voluntary waste
See WASTE (1,
waste book
A merchant's book for making rough entries of transactions before posting them into a journal. - Also termed blotter.
wastewater.
See WATER.
without impeachment of waste.
(Of a tenant) not subject to an action for waste; not punishable for waste. ( This clause is inserted in a lease to give a tenant the right to take certain actions (such as cutting timber) without being held liable for waste. But a tenant cannot abuse the right and will usu. be held liable for maliciously committing waste. - Also termed absque impetitione vasti.
writ of waste.
1lisl. A writ to recover damages against a tenant who committed waste. See WASTE (1). "After waste had been actually committed, the ancient corrective remedy, in a court of common law, was by a writ of waste for the recovery of the place wasted, and treble damages as a compensation for the injury done to the inheritance." 78 Am. Jur. 2d Waste § 29, at 417 (1975).
year, day, and waste
Hist. A right of the Crown to the profits and waste for a year and a day of the land of persons convicted of petty treason or felony (unless the lord made redemption), after which the Crown had to restore the property to the lord of the fee. The right was abrogated by the Corruption of Blood Act of 1814. - Also termed (in Law French) ann, jour, et wast; (in Law Latin) annus, dies, et vastum.