Better Off - Law Dictionary Search Results
Home Dictionary Name: better offbetter off
being in a more prosperous condition...
Better
Having good qualities in a greater degree than another as a better man a better physician a better house a better air...
Betterment
Betterment, increasing the value of property. Where the increase is due to the execution of public improvements, some modern Acts provide that the neighbouring owners should bear a special share of the expense. The principle seems to have been applied, under the term 'melioration,' by 19 Car. 2, c. 3, s. 26, when London was being re-built after the Great Fire. For an instance of what might now be considered betterment, see Re South Eastern Railway & L.C.C.'s Contract, (1915) 2 Ch 252.The principle has been adopted by the (English) Town and Country Planning Act, 1932 (22 & 23 Geo. 5, c. 48), s. 21, which, upon or apart from any question of compensation, allows local authorities to claim for betterment. See Re Webster, 51 TLR 201. See also (English) Public Health Act, 1925, s. 31, and (English) Local Government Act, 1929, Sched. I., Part I., and IMPROVEMENT OF TOWNS....
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...
Better Equity
Better Equity. Where as between rival claimants in a court of equity the court holds that one of them, either on the ground of notice or of priority in time or for some other sufficient reason, is entitled to priority over the other, such claimant is said to have the 'better equity.'...
Lay off
Lay off, s. 2(kkk) of Industrial Disputes Act, 1947 defines a lay off. Lay-off may be due to shortage of coal or shortage of power or shortage of raw materials or accumulation of stocks or break-down of machinery or any other reason, Management of Kairbetta Estate v. Rajamanickam, AIR 1960 SC 893: (1960) 3 SCR 371.It means the failure, refusal or inability of employer on account of contingencies mentioned in clause (kkk) of the Industrial Disputes Act, s. 2 to give employment to a workman whose name is borne on the muster rolls of his industrial establishment. It is merely a fact of temporary unemployment of the workman in the work of the industrial establishment. The principles governing the case of lay-off are very akin to those applicable to a suspension case. When lay-off is found justified workmen may not be awarded any wages or compensation, Workmen of M/s. Firestone Tyre & Rubber Co. of India (P) Ltd. v. Firestone Tyre & Rubber Co., AIR 1976 SC 1775: (1976) 3 SCC 819: (1976) 3 S...
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
cut-off date
cut-off date The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa interview in any given month. The cut-off date is the priority date of the first applicant who could not get a visa interview for a given month. Applicants with a priority date before or earlier than the cut-off date can be scheduled. However, if your priority date is later (comes after) the cut-off date, you will need to wait longer, until your priority date is reached (becomes current). To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663-1541. Source: Department of State. March 2007. ...
pass off
pass off 1 : to make public or offer for sale (goods or services) with intent to deceive : palm off [passing his product off as that of the plaintiff's "W. L. Prosser and W. P. Keeton"] see also unfair competition 2 : to give a false identity or character to [they created the documents on the day of the trial and passed them off as being made earlier] ...
bettering
changing for the better antonym of worsening...
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