Bring - Law Dictionary Search Results
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bring brought [brȯt] bring·ing [bri-i] : to begin or commence (a legal proceeding) through proper legal procedure: as a : to put (as a lawsuit) before a court [this is an action brought to recover damages] b : to formally assert (as a charge or indictment) [whether to charges against him] ...
Processing
Processing, in common parlance 'processing' is understood as an action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. 'What is necessary in order to characterise an operation as 'processing' is that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and several other articles which requires preservation by refrigeration are stored. While as a result of long storage, Scientific examination might indicate loss of moisture content that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125.Processing, include the preservation of such products as canning, freezing drying, salting, smoking, peeling or filleting etc., Regional Executive, Kerala Fishermen's Welfare Fund...
Produce
Produce, is 'to bring forward; to show or exhibit; to bring into view or notice; to bring to surface', Black's Law Dictionary; C.I.T. v. Venkateshwara Hatcheries (P) Ltd., (1999) 3 SCC 632.Produce, is not necessarily confined to what is grown from the ground. It refers also to a finished article or semifinished article made from raw material, Nihal Chand v. Jai Ram, AIR 1930 Oudh 165.Means something that is brought forth either naturally or as a result of effort and work; a result produced, Webster's New International Dictionary; C.I.T. v. Venkateshwara Hatcheries (P) Ltd., (1999) 3 SCC 632.Means to bring forward beget etc., Deputy Commissioner Ag IT, Central Zone Ernakulum v. Palampadam Plantation Ltd., Kottayam, 1969 Ker LT 313: 1969 UJ SC 109: AIR 1969 SC 930: 1969 (1) SCC 662: 1969 (25) STC 231: 1961 (1) SCWR 435....
Produced
Produced, the word 'produced' appear in the definition can only mean 'to bring forth, bring into being or existence - to bring (a thing) into existence from its raw materials or elements': (See the meaning of the word 'produce' in the Shorter Oxford English Dictionary). According to Webster's International English Dictionary the verb 'produce' means to bring forward, beget etc. The juxtaposition of the word 'manufacture' with 'agriculture' and 'horticulture' is significant and cannot be lost sight of. The intention in employing the word 'produced' obviously was to introduce an element of volition and effect involving the employment of some process for bringing into existence the goods, Deputy Commissioner of Agricultural Income Tax v. Messrs. Palampadam Plantations Ltd., AIR 1969 SC 930 (931): (1969) 1 SCC 662: (1969) 3 SCR 674. [Kerala General Sales Tax Act (15 of 1963), s. 2(viii)(c)](ii) The word 'produced' appearing in Entry 84 of List I of the Seventh Schedule is used in juxta-pos...
Import
Import, in relation to any technology, means the bringing into India of, such technology from a place outside India. [Research and Development Cess Act, 1986, s. 2 (d)]Means bringing into any place within the territories to which this Act extends from a place outside those territories. [Insecticides Act, 1968 (46 of 1968), s. 3 (d)]Means bringing into India. [Aircraft Act, 1934 (22 of 1934), s. 2 (3)]Means to bring into India from a place outside India by land, sea or air. [Explosives Act, 1884 (4 of 1884), s. 4 (f)]With its grammatical variations and cognate expressions, means bringing into India from a place outside India. [Customs Act, 1962 (52 of 1962), s. 2 (23)]Means bringing into India from out of India, Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR 1984 SC 667: (1984) 2 SCR 664: (1984) 2 SCC 534. (Copyright Act, 1957, ss. 51, 53)In a sense, import may be said to be complete for certain purposes say, sales tax purposes on their clearance after assessment of du...
Establish
Establish, The meaning of the word 'establish' as given in the New Collins Concise Dictionary, 1983 edn., is: 'I. to make secure or permanent in a certain place, condition, job etc. 2. to create or set up (an organisation etc.) as on a permanent basis.' According to Webster's Comprehensive Dictionary (International edn.), the word 'establish' means: '1. to settle or fix firmly; make stable or permanent. 2. to set up; found, as an institution or business. 3. to set up, install (oneself or someone else) in business, a position, etc.', Shiromani Gurdwara Prabhandhak Committee v. Mihan Singh, (1993) 3 SCC 650: 1993 (4) JT 202. [Sikh Gurdwaras Act, 1925 s. 16(2)(iii) and 7(i)]In Shorter Oxford English Dictionary, Third Edition 'the word establish' has a number of meanings i.e., to ratify, confirm, settle, to found, to create. The word 'establish' includes creation also. In Webster's Third New International Dictionary, the word 'establish' has been given a number of meanings, namely, to foun...
Landing charges
Landing charges, are the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expenditure clearance. Landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to land, M/s Coromandal Fertilisers Ltd. v. Collection of Customs, AIR 2000 SC 606.Are exactly what the words mean, the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expeditious clearance, landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to la...
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...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Sedition
Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...
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