Complying - Law Dictionary Search Results
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Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Continuing offence
Continuing offence, means type of crime which is committed over a span of time, Gokal Patel Volkart Ltd. v. Dundoyya Guru Shiddaiah Hiremath, (1991) 2 SCC 141 (145). [Criminal Procedure Code, 1973, s. 472 and 468(2)(a)]A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and reoccurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues, State of Bihar v. Deokaran Nenshi, (1972) 2 ...
Immediately
Immediately, in a statute, means within a reasonable time. See Maxwell on Statutes, 2nd Edn. 423.The expression 'immediately' is only meant to convey 'reasonable dispatch and promptitude' and no more, Tulsiram v. State of Madhya Pradesh, AIR 1985 SC 299: (1984) 4 SCC 487: (1985) 1 SCR 949.The word 'immediately' is interpreted to convey 'reasonable despatch and promptitude' intending to convey a sense of continuity rather than urgency, Rajendra v. State of Madhya Pradesh, AIR 1991 SC 1757 (1759): (1991) 3 SCC 620. [Prevention of Food Adulteration Rules, 1955, R. 9A ]The word 'immediately' connotes proximity in time to comply and proximity in taking steps to re-sell on failure to comply the requirement of deposit as first condition that is to take place within relatively short-interval of time and without any other intervening recurrence, Rao Mahmood Ahmed Khan v. Ranbir Singh, 1995 Supp (4) SCC 275: AIR 1995 SC 2195 (2198). [U.P. Zamindari Abolition and Land Reform Rules (1952), R. 285 ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Offer of shares to the public
Offer of shares to the public. Shares and debentures of limited companies, when allotted or agreed to be allotted with a view to sale to the public, must when offered to the public comply with the provision of s. 38 of the Companies Act, 1929; and see PROSPECTUS. Further, any offer in writing to any member of the public of any shares for purchase except as provided, i.e. (a) shares dealt in with permission of any recognised stock exchange in Great Britain; (b) shares allotted with a view to sale to the public; and (c) offers to persons doing regular business in the purchase or sale of shares, must comply with s. 356 of the same Act; s. 356 also absolutely prohibits 'share pushing,' i.e., any person going from house to house (not being an office used for business purposes) offering shares for subscription or purchase to the public or any member of the public...
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
Permitted use
Permitted use, in relation to a registered trademark, means the use of trade mark--(i) by a registered user of the trademark in relation to goods or services--(a) with which he is connected in the course of trade; and(b) in respect of which the trademark remains registered for the time being; and(c) for which he is registered as registered user; and(d) which complies with any conditions or limitations to which the registration of registered user is subject; or(ii) by a person other than the registered proprietor and registered user in relation to goods or services--(a) with which he is connected in the course of trade; and(b) in respect of which the trade mark remains registered for the time being; and(c) by consent of such registered proprietor in a written agreement; and(d) which complies with any conditions or limitation to which such user is subject and to which the registration of the trade mark is subject. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (r)]...
Prospectus
Prospectus, giving complete information about the school/college which issues it. It is the instrument through which the school/college 'holds out' its contents or 'represent' to the general public interest, Sanjeev Dadhwa v. All India Institute of Medical Sciences, AIR 1995 Del 268.Is a document which invites persons to take shares in a company and sets forth the advantages of the company an advertisement is also a prospectus, Paramatha Nath v. Kali Kumar, AIR 1925 Cal 714: (1925) ILR 51 Cal 440.Prospectus, is defined by s. 380 of the (English) Companies Act, 1929, as any prospectus, notice, circular, advertisement, or other invitation offering to the public for subscription or purchase any shares or debentures of a company. By s. 35 of the Act every prospectus issued by or on behalf of a company or engaged or interested in its formation, must state the matters specified in Part I. of the 4th Schedule and set out the reports specified in Part II. of that Schedule, subject as to both p...
Thereafter
Thereafter, is merely indicative of the sequence of the second obligation to deposit the future rents; it is certainly not suggestive of the fact that if the first obligation for any reason cannot be complied with then the occasion to comply with the second obligation does not arise or that it automatically comes to an end. It would be unthinkable that could be the intention of legislature, Jamnalal v. Radheshyam, (2000) 4 SCC 380.Means after the list is finalized on the completion of revision of valuation and assessment, New Delhi Municipal Committee v. LIC, AIR 1977 SC 2134: 1977 (4) SCC 84.The word thereafter' means 'after the list is finalised and 'duly made' evidently refers to the exercise of the amending power u/s. 67, New Delhi Municipal Committee v. Life Insurance Corporation of India, AIR 1977 SC 2134: (1977) 4 SCC 84: (1978) SCR 279....
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