Carried Out - Law Dictionary Search Results
Home Dictionary Name: carried out Page: 2axation of costs
axation of costs. The mode by which certain officers of the various courts allow or disallow the sums claimed by solicitors from their clients, or by the one party in an action from the other. In the High Court taxation is carried out by Taxing Masters who are Masters of the Supreme Court (R.S.C. Ord. LXI., r. 1B), and in county courts by the registrars.As between party and party a taxation of costs is always had, and the costs disallowed cannot be recovered by the successful from the unsuccessful party, but must be paid by such successful party to his solicitor unless they be disallowed as between solicitor and client.Costs as between solicitor and client can be re-covered by a public authority from an unsuccessful defendant by virtue of s. 1 of the Public Authorities Protection Act, 1893; and also in an action for the infringement of a patent by the plaintiff, if in a prior action he has obtained a certificate of the validity of his patent, under s. 35 (as amended) of the Patents and...
Adult
Adult, means a person who has completed eighteen years of age. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2 (a)].Means a person who has completed his eighteenth year of age. S. 2(a). Factories Act, 1948 (63 of 1948).Means a person who has completed his eighteenth year of age, s. 2(aa), Minimum Wages Act, 1948 (11 of 1948).Means a person who has completed his eighteenth year, s. 2(a). Cinematograph Act, 1952 (37 of 1952).In relation to management system means systematic assessment of the adequacy of the management system to achieve the purpose set out in the text, carried out by persons who are sufficiently independent of the system to ensure that such assessment is objective, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 810, Note 7, p. 678.Means a person who has completed his eighteenth year of age. [National Rural Employment Guarantee Act, 2005, s. 2(a)]...
Mining operations
Mining operations, means any operations undertaken for the purpose of winning any mineral. [Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), s. 3 (d)]Mining of operations and 'winning of minerals' The expression 'winning of mineral'in the definition of 'mining operations' is spacious enough to comprehend every activity by which the mineral is extracted or obtained from the earth irrespective of whether such activity is carried out on the surface or in the bowels of the earth, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co., AIR 1979 SC 1669: (1979) 3 SCC 106....
Development consent
Development consent, for public and private pro-jects which are likely to have significant effects on the environment should be granted only offer prior assessment of the likely significant environmental effects of these projects has been carried out whereas this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question, Regina v. North Yorks C.C., Ex parte Brown [HL(E)], (1999) 2 WLR 452.The decision of the competent authority or authorities which entitles the developer to proceed with the project, Reg. v. North Yorks C.C., Ex parte Brown [HL(E)], (2000) 1 AC LR 397....
Disposition
Disposition, giving away or giving up by a person of something which was his own, Commissioner of Gift Tax v. N.S. Getty Chettiar (1971) 2 SCC 741: AIR 1971 SC 2410: (1972) 1 SCR 736 & Controller of Estates Duty v. Kancharla Kesava Rao, (1973) 2 SCC 384: AIR 1973 SC 2484: (1973) 3 SCR 897.Disposition in the estate duty law of India enjoys and extended meaning. The framers of the Estate Duty Act,1953 desired by a deeming provision regarding 'disposition' to cover extinguishments of debts and all other rights at the expense of and made by the deceased in favour of the beneficiary. The substantive definition of 'property' in s. 2(15) is not exhaustive but only inclusive and the supplementary operation of Explanation 2 takes in which is not conventionally regarded as 'disposition'. Indeed, 'disposition', even accord-ing to law dictionaries, embraces 'the parting with, alienation of, or giving up property.... a destruction of property' (Black's Legal Dictionary), Controller of Estate Duty v...
Earnest
Earnest [fr. eornest, Sax.], the sum paid by the buyer of goods in order to bind the seller to the terms of the agreement. It is enacted by the 4th s. of the Sale of Goods Act, 1893, re-enacting, but not quite in the same words, the 17th section of the Statute of Frauds, 29 Car. 2, c. 3, that 'a contract for the sale of any goods, for the price of 10l. or upwards, shall not be enforceable by action, unless the buyer accept part of the goods or give something in earnest to bind the contract, or in part payment,' or some note in writing of the bargain be made and signed by the parties to be charged or their agents.As to what amount is sufficient earnest, Blackstone lays it down (Bk. II. p. 447) that 'if any part of the price is paid down, if it be but a penny, or any portion of the goods is delivered by way of earnest,' it is binding. To constitute earnest the thing must be given as a token of ratification of the contract, and it should be expressly stated so by the giver.The following p...
Education, Board of
Education, Board of. The central authority as to education (Education Act, 1921, s. 1) was establi-shed by the Board of Education Act, 1899. There is a Consultative Committee for advising the Board (s. 2 of the 1921 Act). The Board never, in fact, meets, but its duties are carried out by the President, who is usually a member of the Cabinet. It superseded the Education Department (q.v.)....
Eligible transaction
Eligible transaction, means any transaction (A) carried out electronically on screen-based systems through a stock broker or sub-broker or such other intermediary registered under s. 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) in accordance with the provisions of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996 (22 of 1996) and the rules, regulations or bye-laws made or directions issued under those Acts or by banks or mutual funds on a recognised Stock Exchange; and (B) which supported by a time stamped contract note issued by such stock broker or sub-broker or such other intermediary to every client indicating in the contract note the unique client identity number allotted under any Act referred to in sub-clause (A) and Permanent Account number allotted under this Act. [Income Tax Act, 1961 (43 of 1961), s. 43(5) Prov. Expl.]...
Guarantee
Guarantee, he to whom a guaranty is made; also, and more commonly, the guaranty itself. See GUARANTY.The assurance that a contract or legal act will be duly carried out; Something given or existing as security, such as to fulfill a further engagement or a condition subsequent, Black's Law Dictionary, 7th Edn., p. 711.Company limited by. See COMPANIES.Guarantee includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount. [Constitution of India, Art. 366(13)]Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt payable to him, Stroud's Judicial Dictionary, Vol. 2, p. 1111.Includes any obligation undertaken before the com-mencement of the constitution to make payments in the event of the profits of an undertaking falling short of a specified amount, Constitut...
Indiscriminate attack
Indiscriminate attack, means an aggressive act that (1) is not carried out for a specific military objective (2) employs a means of combat not directed at a specific military objective, or (3) employs a means of combat the effects of which cannot be limited in accordance with an international protocol such as the Geneva Convention of 1949, Black's Law Dictionary, 7th Edn., p. 777....
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