2017 12 Scc18 - Law Dictionary Search Results
Home Dictionary Name: 2017 12 scc18chapter 12
chapter 12 : chapter 12 of the U.S. Bankruptcy Code see also Bankruptcy Code in the Important Laws section ...
Empire Settlement Act, 1922 (English) (12 & 13 Geo. 5, c. 13)
Empire Settlement Act, 1922 (English) (12 & 13 Geo. 5, c. 13), 'to make better provision for furthering British settlement in His Majesty's Overseas Dominions,' provides for the raising up to 1,500,000l. for this purpose in 1922-23, and not more than 3,000,000l. in any subsequent year....
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Person entitled to sell or procure the sale
Person entitled to sell or procure the sale, the expression 'person entitled to sell, or procure the sale' in s. 12(2) is merely descriptive of the person who is accountable under the said provision. The expression does not restrict the operation of the Act to the persons who have not yet sold the goods. The persons who have exported the goods to a foreign buyer are also excluded under s. 12(2). This conclusion is reinforced if clauses (a) and (b) of s. 12(2) are taken into account. It is also in consonance with the avowed object of s. 12 which is to ensure that the nation does not lose foreign exchange, M.G. Wagh v. Jay Engineering Works Ltd., AIR 1987 SC 670: (1987) 1 SCC 542: (1987) 1 SCR 798 [FERA, 1947, s. 12 (2)]...
Abusing children
Abusing children, having carnal intercourse with young girls. If the girl be under the age of 13 (formerly 10 and afterwards 12) years, the offences is a felony punishable with penal servitude for life; if the girl be above the age of 13 (formerly 10 and afterwards 12) and under 16 (formerly 12 and afterwards 13), the offence is a misdemeanour punishable by imprisonment, with or without hard labour, to the extent of two years, (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. C. 69), repealing the (English) Offences against the Person Act, 1875, repealing 24 & 25 Vict. C. 100, ss. 50, 51, which fixed lesser ages as above. The (English) Criminal Law Amendment Act, 1922 (12 & 13 Geo. 5, c. 56), amends the Act of 1885, so that in the case of the second of the above-mentioned offences, it shall be a sufficient defence if it shall be made to appear to the Court or jury that the person charged had reasonable cause to believe that the girl was of, or above the age of 16, but only if h...
Adulteration
Adulteration, the corrupt production of any article, especially food: indictable at common law, see R. v. Dixon, (1814) 3 M&S 11. The adulteration of bread, corn, meal, or flour is made a statutory offence by the Bread Act, 1836, and the (English) Bread Acts (Amendment) Act, 1922 (12 & 13 Geo. 5, c. 28), and that of food, including drink, generally by the (English) Food and Drugs (Adulteration) Act, 1928 (18 & 19 Geo. 5, c. 31).By the act the mixing, colouring, staining or powdering of any article so as to render it injurious to health, as to affect injuriously the quality of the drugs or lettering any article in such estate, in punishable for a first offence by a fine not exceeding 50l.; for a second offence by imprison-ment not exceeding six months. The sale to the prejudice of the purchaser of articles of food and drugs not of the nature, substance or quality demanded by the purchaser, is prohibited. Where however, the article is properly labelled as mixed, no liability arises. Prov...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Other authorities
Other authorities, the expression 'other authorities' is wide enough to include within it every authority created by a statute and functioning within the territory of India, or under the control of the Government of India, Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857 (1862): (1967) 3 SCR 377. (Constitution of India, Article 12)The expression 'other authorities' includes all statutory authorities and other agencies and instrumentalities of the State Government/Central Government, Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 (687). (Constitution of India, Article 12)The Council of Scientific and Industrial Research is not an authority within the meaning of article 12 of the Constitution, Sabhajit Tewary v. Union of India, AIR 1975 SC 1329 (1331). (Constitution of India Article 12)...
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