Capital Goods - Law Dictionary Search Results
Home Dictionary Name: capital goods Page: 3Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
Turnover
Turnover, in laws dealing with Sales Tax, 'turnover' includes tax in calculating the total turnover, there is nothing wrong in treating the tax as part of the turnover, because, 'turnover' means the amount of money which is turned over in the business, George Oakes (P) Ltd. v. State of Madras, AIR 1962 SC 1352.Turnover is defined to mean: 'the aggregate amount for which goods are bought or sold or supplied or distributed by a dealer either directly or through another on his own account or on account of others whether for cash or for deferred payment or for other valuable consideration, Joint Commercial Tax Officer v. Young Men's Association (Regd.), AIR 1970 SC 1212 (1215): (1970) 1 SCC 462: (1970) 3 SCR 680.Turnover means an aggregate amount for which goods are either bought by or sold by a dealer, whether for a cash or for deferred payment or other valuable consideration, State of Andhra Pradesh v. H. Abdul Bakhi and Brothers, AIR 1965 SC 531 (532): (1964) 7 SCR 664. [Hyderabad Gener...
Fieri facias
Fieri facias, usually abbreviated fi. fa. (that you cause to be made), a judicial writ of execution, the most commonly used that lies for him who has recovered any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest at 4l. per cent. from the time of entered-up judgment, to be rendered to the party who sued it out. If the sheriff return nulla bona, an alias fi. fa. may issue; and upon that being returned, a pluries or testatum fi. fa. may be issued into another county. The 12th s. of the Judgments Act,1838 (1 & 2 Vict. c. 110), authorizes the sheriff to seize money, bank notes, cheques, bills of exchange, etc., of the person against whose effects the writ is sued out; but he cannot seize money or bank notes after the death of the debtor, Johnson v. Pickering, (1908) 1 KB 1.A writ of execution that directs a marshal or sheriff to seize and sell a defendants...
Restrictive trade practice
Restrictive trade practice, means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include--(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price.(b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (nnn)]The definition of restrictive trade practice is an exhaustive and not an inclusive one. The decision whether trade practice is restrictive or not has to be arrived at by applying the rule of reason and not on the doctrine that any restriction as to area or price will per se b...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Heirloom
Heirloom [fr. h'res, Lat., heir, and geloma, Sax., goods], personal chattels, such as charters, deeds, and evidences of title, coat armor set up in a church, or a tombstone erected there, which go to the heir, together with the inheritance. The ancient jewels of the Crown are heirlooms. Heirlooms strictly so called are now rarely met with. See Williams on personal Property; Co. Litt. 18b, 185b; 2 Bl. Com. 428.The term 'heirlooms' is often applied in practice to the case where certain chattels--for example, pictures, plate, or furniture--are directed by will or settlement to follow the limitations thereby made of some family mansion or estate. But the word is not then employed in its strict and proper sense, nor is the disposition itself beyond a certain point effectual; for the Articles will, in such case, belong absolutely to the first person who, under the limitations of the settlement, becomes entitled to the real estate for a vested estate of inheritance; see Portman v. Viscount Po...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial