Brought - Law Dictionary Search Results
Home Dictionary Name: broughtBrought into the city
Brought into the city, To interpret the expression 'brought into the city' used in s. 126(1) of the Calicat Municipal Act, 1961 as meaning brought into the city for any purpose and without any limitations would, amount to attributing to the Legislature an intention to ignore the constitutional limitations. The expression 'brought into the city' in s. 126 was therefore rightly interpreted by the High Court as meaning brought into the Municipal limits for purposes of consumption, use or sale and not for any other purpose, Jothi Timber Mart v. Corporation of Calicat, AIR 1970 SC 264: (1969) 2 SCC 348 (351): (1970) 1 SCR 629....
Brought in transit
Brought in transit, of means to bring goods from any country into India by land, air, or amphibious means of transportation, where the goods are to be taken out from India on the same conveyance on which they are brought into India without any landing in India, but does not include a conveyance in innocent passage through Indian territory Indian territorial waters or Indian airspace of a foreign conveyance carrying goods.Explanation I.--A conveyance is a foreign conveyance if it is not registered in India.Explanation II.--A conveyance is in 'innocent passage' if it is not engaged in relevant activity and passes through or above Indian territorial waters or airspace without stopping or anchoring in India. [Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005), s. 4(b)]....
Brought into and immediate exportation
Brought into and immediate exportation, Expressions 'brought into' and 'immediate exportation' do not comprehend within their sweep the continuous process of transit of goods, by vehicles which merely use the State highways passing through the areas which lie within the municipal limits, Town Municipal Council v. Urmilla Kothari, (1977) 2 SCR 660: (1977) 1 SCC 687 (689): AIR 1977 SC 873. (Karnataka Municipalities Act, 1964, s. 124)...
brought
brought past and past part of bring ...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
Detinue
Detinue, an action by a plaintiff who seeks to recover the goods in specie, or on failure thereof the value and also damages for the detention. The grounds of the action are: (1) a property in the plaintiff, either absolute or special (at the time of action brought) in personal goods, which are capable of being ascertained; (2) a possession in the defendant by bailment, finding, etc.; (3) an unjust detention on the part of the defendant.The form of action of detinue was abolished by the Judicature Acts, but an action brought for the return of a specific chattel is still called an action of detinue. The vexed question as to whether detinue is or was founded on tort or contract is now only of importance in relation to costs, Bryant v. Herbert, (1878) 3 CPD 389] and in bankruptcy.As to the actual recovery of a chattel detained, see R. S.C. 1883, O. XLVIII., taken from (English) C.L.P. Act, 1852, s. 78, by which a writ of delivery may be issued ordering the sheriff to distrain upon the def...
Seigniorage
Seigniorage, a royalty or prerogative of the Crown, whereby an allowance of gold and silver, brought in the mass to be exchanged for coin, is claimed.Seigniorage, has two distinct meanings (i) profit made by a Government by issuing currency, the Crown's right to charge a percentage on bullion brought to a mint for coining; and (ii) something claimed by a monarch or feudal lord as a prerogative, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See Kerala Grants and Leases (Modifications of Rights) Act (16 of 1980), s. 4]Means profit made by a Government by issuing currency; the difference or margin between the face value of coins and their production costs; the crown's right to charge a percentage on bullion brought to a mint for coining; the amount charged, something claimed by a monaonch or feudal lord as a prerogative, Divisional Forest Officer v. Tata Finlay Ltd., (2001) 5 SCC 684....
Wharf
Wharf, a broad plain place, near some creek or haven, to lay goods and wares on that are brought to or from the water. See Harbours, Docks, and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), s. 68, and Port of London (Consolidation) Act, 1920 (10 Geo. 5, c. clxxiii.).A structure on shore of navigable waters, to which a vessel can be brought for loading or unloading, Black's Law Dictionary, 7th Edn., p. 1589.There are two kinds-1st, legal, which are certain wharves in all seaports, appointed by commission from the Court of Exchequer, or legalized by Act of Parliament; 2nd, sufferance, which are places where certain goods may be landed and shipped, by special sufferance granted by the Crown for that purpose, 2 Steph. Com. See as to both kinds, Customs (Consolidation) Act, 1876 (39 & 40 Vict. c. 36). As to larcenies from a wharf, see Larceny Act, 1916, s. 15. As to implied liability or warranty for fitness of wharf for a ship unloading, see The Moorcock, (1889) 14 PD 64.Wharf, as a landin...
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