Attache - Law Dictionary Search Results
Home Dictionary Name: attache Page: 5 Page 5 of about 555 results (0.004 seconds)Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Property mark, trade mark
Property mark, trade mark, a property mark, as defined by s. 479 of the Indian Penal Code means a mark used for denoting that a movable property belongs to a particular person. The distinction between a trade mark and a property mark is that whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them. In other words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor. A property mark attached to the movable property of a person remains even if part of such property goes out of his hands and ceases to be his, Sumat Prasead Jain v. Sheojonaw Prasad, AIR 1972 SC 2488 (2490): (1973) 1 SCC 56. [Penal Code, s. 479; Trade and Merchandise Marks Act, 1958, s. 2(1)(i) & (v)]...
Public street
Public street, means any street, road square, court, alley, passage or riding path over which the public have a right of way whether a thoroughfare or not and includes (a) the roadway over any public bridge or causeway; (b) the foot-way attached to any such street, public bridge or causeway; and (c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, veranda, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the government. [Madras City Municipal Corporation Act, 1919, s. 2(20)]Public street, shall mean any street--(i) heretofore levelled, pared, mettaled, channeled sweered or repaired out of municipal or other public fund; unless before such work was carried out, there was an agreement with the proprietor that the street should not thereby become a public street, or unless such work was done wit...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Toda
Toda, means charges which were being charged by reason of the fact that the court could not keep the attached property in the court premises, and very often it was left at the place of attachment in the custody of the process server....... these charges used to be entered in the accounts of the courts under the head 'Toda' charges, and paid to the 'chowkidar' who was appointed to take care of the properties, Banwarilal v. Mir Mohammed Ali, AIR 1966 AP 323....
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 ...
Utility
Utility, means any person or entity engaged in the generation, transmission, sale, distribution or supply, as the case maybe, of energy. [Electricity Regulatory Commissions Act, 1998 (14 of 1998), s. 2 (l)]Means the electric lines or electrical plant, and includes all lands, buildings, works and materials attached thereto belonging to any person acting as a generating company or licensee under the provisions of this Act. [Electricity Act, 2003 (36 of 2003), s. 2(75)]Means equipment or material used in providing such a service or commodity, Ware v. Public Serv. Co., 412 A. 2d 84 (1980).Means the electric lines or electrical plant, and includes all lands, buildings words and materials attached thereto belonging to any person acting as a generating company or license under the provisions of the Act, Electricity Act, 2003, s. 2(75); A.P. Gas Power Corporation Ltd. v. A.P. Electricity Regulatory Commission, AIR 2006 AP 13....
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
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