Breaking In - Law Dictionary Search Results
Home Dictionary Name: breaking in Page: 2break in
break in : to enter something (as a building or computer system) without privilege (as consent) or by force ...
break-even analysis
break-even analysis The method of determining the exact point at which a company makes neither a profit nor a loss ...
break in
break in : to enter something (as a building or computer system) without privilege (as consent) or by force ...
Burglary
Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
Domus sua cuique est tutissimum refugium
Domus sua cuique est tutissimum refugium, (To every one his own house is the safest refuge.) See Broom's Leg. Max.; Semayne's case, (1605) 5 Rep. 91; 1 Sm. L.C., 1, in which the extent of a sheriff's power to break doors was discussed, and five points resolved, the first being that every man's house 'is to him as his castle,' so that he is justified in killing another who breaks into his house to rob or murder him; and a sheriff to execute process may not break an outer door [see per Lord Ellenborough, C.J., in Burdett v. Abbott, (1811) 14 East 157]; neither may a bailiff to distrain for rent, though he may enter through an open window [Crabtree v. Robinson, (1885) 15 QBD 312] or over a wall (Long v. Clarke, 1894 QB 19)....
Sealed container
Sealed container, means a container which is 'so closed that access is impossible without breaking the fastening, CST v. G.G. Industries, (1968) 21 STC 63 (SC).Sealed containers, 'sealed Container' merely means a container which is 'so closed that access 'to the contents' is impossible without breaking the fastening'. The expression 'seal' in this context does not involve an affixture of the seal of the seller such as impressing a signet in wax, etc., as evidence or guarantee of authenticity. An article may be regarded as put in sealed containers if it is closed securely in any vessel or container by any kind of fastening or covering that must be broken before access can be obtained to what is packed inside, Martand Dairy and Farm v. Union of India, AIR 1975 SC 1492 (1493): (1975) 4 SCC 313: (1975) Supp SCR 265. (Central Sales Tax Act, 1956, s. 6)...
Sacrilege
Sacrilege, larceny from a church. By s. 24, Larceny Act, 1916, breaking and entering any church, chapel, meeting-house, or other place of divine worship and committing any felony therein, or being therein and committing any felony therein, and breaking out of the same, is felony punishable by penal servitude or imprisonment. The offence was for a long time capital, the last execution having taken place in 1819.The act or an instance of desecrating or profaning a sacred thing, Black's Law Dictionary, 7th Edn., p. 1336....
Pasture
Pasture, land on which cattle feed. See Norton on Deeds.The laying down permanent pasture with the written consent of the landlord is an improvement for which a tenant is entitled to compensation on quitting by the (English) Agricultural Holdings Act, 1923; and so is, though without any consent or notice, laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years before the termination of the tenancy. See AGRICULTURAL HOLDINGS ACT.Breaking up pasture is frequently prohibited by penal rents and otherwise in agricultural leases, and s. 29 of the (English) Agricultural Holdings Act, 1923, which restricts penal rents to the actual damage done, excepts 'breaking up permanent pasture,' amongst other things, from its operation. See Rush v. Lucas, (1910) 1 Ch 437, and Aggs on Agricultural Holdings....
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