Actual User - Law Dictionary Search Results
Home Dictionary Name: actual userActual user
Actual user, 'Actual User (Industrial)' means an industrial undertaking which is entitled to utilise the imported goods 'in the manufacture process or operations conducted within its authorised premises', Roche Products v. Collector of Customs, (1989) Supp 2 SCC 532 (539): (1989) (44) ELT 194....
Potential
Potential, in Oxford Dictionary it is defined as 'capable of coming into being, possibility'. In Black's Law Dictionary it is defined as extending in possibility but not in act'. Naturally and probably expected to come 'into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement, already made.' In other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. The clause is thus very wide and extends to any or all actual or potential users, Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243: AIR 1994 SC 787 (793). [Consumer Protection Act, 1986, s. 2(o)]...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Innocent junior user
Innocent junior user, means a person who, without any actual or constructive knowledge uses a trademark that has been previously used in a geographically distant market, and who may continue to use the trademark in a limited geographic area as long as the senior user does not use the mark there, Black's Law Dictionary, 7th Edn., p. 792....
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
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