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C.I.F

C.I.F.--'Cost, insurance, and freight.' Sometimes written C.F.I. These letters in a mercantile contract denote that the price named includes the price of the goods (cost), their insurance during transit to the purchaser, and the carriage (freight). As to obligations of parties to a C.I.F. contract, see Biddell Bros. v. Clemens Horst, 1911 (1) KB 952; 1912 AC 18; Manbre Saccharine Co. v. Corn Products, 1919 (1) KB 198; Wilson Holgate v. Belgian Grain Co., 1920 (2) KB 1....


C.I.F.

C.I.F. cost, insurance, and freight ...


Corrosion-resisting material

Corrosion-resisting material, valves made of corrosion-resisting material are held to be covered by heading 84.61(2), Goodyear India Ltd. v. C.I.F, (2000) 10 SCC 489: AIR 1999 SC 1558. [Customs Tariff Act, 1975, Heading 84.61(2)]Corrosion-resisting material, if the material from which the valves are made is a corrosion-resisting material, Goodyear India Ltd. v. Collector of Custom, Bombay, (2000) 10 SCC 489....


Uses

Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...


Goods

Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...


Owner

Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...


Family

Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...


Property

Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...


Birds

Birds. Larceny may be committed at Common Law of domestic fowls, as hens, ducks, geese, etc. (1 Hale, PC 511), and of tame pigeons, though unconfined, Reg. v. Cheafor, (1851) 2 Den CCR 361, and of tame pheasants, Reg. v. Head, (1857) 1 F&F 350; or partridges, Reg. v. Shickle, (1868) LR 1 CCR 158. The (English) Larceny Act, 1861, ss. 21-23, provides, that whoever shall steal, or kill with intent to steal, birds ordinarily kept in a state of confinement, or for any domestic purposes, not being the subject of larceny at Common Law, or shall be in possession of any such bird, or the plumage thereof, knowing the same to have been stolen, shall be punishable on summary conviction by fine or imprisonment.As to unlawfully and wilfully killing or wounding house doves or pigeons under circumstances not amounting to larceny at Common Law, see (English) Larceny Act, 1861, s. 23, and Malicious Damage Act, 1861, s. 41. See also the (English) Poultry Act, 1911, and the Protection of Animals Act, 1911...


Carucate

Carucate [fr. Carucata terr'], Carvage,or Carve of land, a plough-land of 100 acres, or according to Skene, as much land as may be tilled in a year and a day by one plough, Ken. Glos. 'And one plow land, carucata terr', or a hide of land, hida terr' (which is all one), is not of any certain content, but as much as a plow can by course of husbandry plough in a year.'-Co. Litt. 69 a. This quantity varies in different counties from 60 to 120 acres.Case, includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1)(a)]Means--(1) A trial. (2) A trial involving some point of law so important as to be published in Law Reports (see that title) for future use as a precedent. (3) A statement of facts and documents, raising a point of law, submitted for the opinion of counsel. See PRECEDENTS. (4) includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (a)]. (5) The expression 'case' is not limit...


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