Application - Law Dictionary Search Results
Home Dictionary Name: application Page: 4 Page 4 of about 711 results (0.002 seconds)Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Priority Notice
Priority Notice, of charge under (English) Land Charges Act, 1925. By the (English) Law of Property (Amendment) Act, 1926, s. 4, persons intending to register a charge, instrument or matter under the Land Charges Act, 1925, may give notice at the (English) Land Charges Department of the Land Registry at least two days before the registration, and the effect of the notice is to relate the date of registration of the charge, instrument or matter as provided by s. 4 if the application to register is presented within fourteen days after the date of entry of notice, and refers to the notice: thus protecting the person intending to register from incumbrances created subsequently to the notice and before application to register.A form of notice providing temporary protection for an application about to be made for first registra-tion of land at the Land Registry (see (English) Land Registration Rules, 1925); also a notice protecting the priority of an intended dealing in registered land; the ...
Next below rule
Next below rule, the 'next below rule' is not a rule of any independent application. It sets out only the guiding principles for application in any case in which the President or the Governor proposes to regulate an officiating pay by special order under the second proviso to F.R. 30(1). The condition precedent to the application of the 'Next Below Rule' must, therefore, be fulfilled in each individual case before any action can be taken under this proviso, D.D. Suri v. Union of India, AIR 1979 SC 1596: (1979) 3 SCC 553: (1980) 1 SCR 24 [F.R. 30(1) Second Proviso]...
Duly forwarded
Duly forwarded, the expression 'duly forwarded' in relation to an application under sub-s. (1) of, s. 3 shows that the State Government is expected to satisfy itself before the issue of a notification under sub-s. (2) of, s. 3, that the application in question is a proper application under sub-s. (1), and has been duly forwarded, Mahant Dharan Das v. State of Punjab, (1975) 1 SCC 343 (362). [Sikh Gurdwaras (Supplementary) Act, 1925, s. 3]...
Designs
Designs. The registration of and rights in designs are governed by the Patents and Designs Act, 1907, as amended by the Patents and Designs Acts,1919, 1928 and 1932 (cited as the Patents and Designs Acts, 1907 to 1932), and the Patent Rules, 1932 S. R. & O. 1932, No. 873.'Design' means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or which is in substance a mere mechanical device (s. 19, Act of 1919).And s. 49 of the principal Act (Act of 1919) (English), as amended, provides as follows:--49.--(1) The comptroller may, on the application made in the prescribed form and manner of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design und...
Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
intervention
intervention : the act or an instance of intervening ;specif : the act or procedure by which a third party becomes a party to a pending proceeding between other parties in order to protect his or her own interest in the subject matter of the suit compare impleader, interpleader, joinder NOTE: Intervention developed as a procedure in equity courts. There is some overlap between joinder and intervention because of the merger of law and equity in federal practice. intervention of right : intervention allowed in federal civil procedure when a statute grants an absolute right to intervene or when the applicant claims an interest in the subject of the proceeding that the applicant may be impeded from protecting by the disposition of the proceeding NOTE: Intervention of right will not be granted if the court considers that the applicant's interest is already adequately represented. permissive intervention : intervention allowed in federal civil procedure when a statute grants a condi...
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
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