Application - Law Dictionary Search Results
Home Dictionary Name: application Page: 6Shop
Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycle...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Taxation of costs
Taxation of costs. The mode by which certain officers of the various courts allow or disallow the sums claimed by solicitors from their clients, or by the one party in an action from the other. In the High Court taxation is carried out by Taxing Masters who are Masters of the Supreme Court (R.S.C. Ord. LXI., r. 1B), and in county courts by the registrars.As between party and party a taxation of costs is always had, and the costs disallowed cannot be recovered by the successful from the unsuccessful party, but must be paid by such successful party to his solicitor unless they be disallowed as between solicitor and client.Costs as between solicitor and client can be re-covered by a public authority from an unsuccessful defendant by virtue of s. 1 of the Public Authorities Protection Act, 1893; and also in an action for the infringement of a patent by the plaintiff, if in a prior action he has obtained a certificate of the validity of his patent, under s. 35 (as amended) of the Patents an...
Things done
Things done, is comprehensive enough to take in not only the things done, but also the effect onthe legal consequences flowing therefrom, Hasan Balak v. S.M. Limai, Assistant Charity Commissioner, Nagpur, AIR 1967 SC 1742: 1967 MP LJ 118: 1967 Jab LJ 526: AIR 1967 SC 1742: 1966 (68) Bom LR 133.The words 'things done' in paragraph 6 of the Order are comprehensive enough to take in a trans-action effected before the merger, though some of its legal effects and consequences projected into the post-merger period, Universal Imports Agency v. Chief Controller of Imports and Exports, AIR 1961 SC 41 (47): (1961) 1 SCR 305. [French Establishments (Application of Laws) Order (1954) Para 6](ii) The words 'things done' in paragraph 6 of S.R.O. 3315 were comprehensive so as to include a contract effected before November 1, 1954, through its legal effect and consequence projected into the post-transfer period and the goods were imported only after November 1, 1954, French India Importing Corporation...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Trust for sale
Trust for sale. Trusts for sale of land were commonly crated in settlements and well-drawn wills. The effect was to convert realty into personalty so that the proceeds devolved upon the beneficiaries as personalty unless they elected to take the property as realty (see CONVERSION), except that upon a lapse of the devise of realty in the testator's lifetime the property resulted to the heir-at-law, Ackroyd v. Smithson, (1780) 1 Bro CC 503. Another and more practical consequence was that the whole estate was vested as a rule in the trustees so that with or without consent of any other person as directed by the donor or testator they could vest the whole estate in a purchaser without his seeing to the application of the purchase money (Trustee Act, 1893, s. 14), and without participation of beneficiaries whose consent was not required, thus providing an expedient, which, together with the Settled Land Acts and other statutes giving analogous powers to mortgagees, personal representatives ...
Use
Use, connotes that the traveling or stationary vehicle at the time when it becames the subject-matters of a delictum was at the place where it is found in the course of its user in accordance with the permit granted to it, TV Moidu (in re:), AIR 1960 Mad 265.Use, in application of law is the profit or benefit of lands and tenement, or a trust and confidence reposed in a man for the holdings of lands, that he to whose use the trust is made shall take the profits thereof, Tomlins.Use, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (xxviiia)]Meaning of the word 'use' in the Oxford Dictionary some of which are as follows: 'To make use of as a means or instrument; To employ for a profitable end;' Automotive Manufacturers (P) Ltd. v. Govern-ment of Andhra Pradesh, AIR 1972 SC 229 (231): (1972) 1 SCC 125: (1972) 2 SCR 593.1. The application or employment of s...
Witness
Witness, is a person who testifies in a court, Webster Random House Dictionary, p. 1680.Witness, one who gives evidence in a cause.1. One who sees, knows, or vouches for something2. One who gives testimony, under oath or affirmation, Black's Law Dictionary, 7th Edn., p. 1596.A witness must attend in court according to the requirement of his subp'na. If he has not been paid his lawful expenses, he may refuse to be sworn; but if he be once sworn, he must give his evidence. See OATH and AFFIRMATION.In civil cases, as a rule, husband and wife are competent and compellable witnesses against each other [Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 1], but husbands and wives are not compellable to disclose communications between each other (s. 3 ibid.). As to criminal cases, see Criminal Evidence Act, 1898, as amended, and that title.A witness is not obliged to answer any question which tends to criminate him.On the application of either party, all the witnesses on both sides are or...
- << Prev.
- Next >>