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Consumption And Use - Law Dictionary Search Results

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Consumption and use

Consummation, of tenancy by the curtesy is when a husband, upon his wife's death, becomes entitled to hold her lands in fee simple or fee tail, of which she was seised during the marriage, for his own life, provided he has had issue by her, capable of inheriting. His estate becomes initiate upon birth of a child.Consummation, (1) the completion of a thing; (2) the completion of a marriage between wedded persons by cohabitation.Consummation, defined in Black's Law Dictionary, 6th Edn., 'the completion of a thing; the completion of a marriage by cohabitation between spouses', Babu S/o Raveendran v. Babu S/o Bahuleyan, (2003) 7 SCC 37.Consumption, means every fact which it is necessary to establish to support a right or obtain a judgment, Sadanandan Bhadran v. Madhavan Sunil Kumar, (1998) 6 SCC 514.The word consumption in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. But in some le...


Consumption, use or sale therein

Consumption, use or sale therein, the words 'sale therein' in the words 'consumption, use or sale therein' in the definition of octroi means sale of octroiable goods to a person for the purpose of consumption or use by such person in the octroi area, Tata Engg. and Locomotive Company Ltd. v. AIR 1992 SC 645 (663): 1993 Supp (1) SCC 361....


Food and sale

Food and sale, 'Food' is defined by S. 2(v) of the Prevention of Food Adulteration Act, 1954 as meaning 'any article used as food or drink for human consumption other than drugs and water and includes:(a) any article which ordinarily enters into, or is used in the composition or preparation of human food, and(b) any flavouring matter or condiments. 'Sale' is defined by S. 2(xiii) as follows: 'Sale' with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article; According to the definition of 'food' any used as food or drink for human consumption and any article which ordinarily enters into or is used in the composition or preparation of hu...


Contemner

Consumption and use, the precise meaning to be given to the words 'consumption' and 'use' will depend upon the context in which they are used. These words are of wide import. The word 'consumption' in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article, But in some legal contexts, the word 'consumption' has a wider meaning. It is not necessary that by the act of consumption the commodity must be destroyed or used up. When uncrushed salt is crushed in the factory it is commercially a different article and the uncrushed salt must be held to have been consumed. The word 'use' is or wider import than 'consumption'. It cannot be denied that the uncrushed salt has been used and by the user a new product, crushed salt has come into existence, Kathiawar Industries Ltd. v. Jaffrabad Municipality, (1979) 4 SCC 56: AIR 1979 SC 1721 (1723, 1724)....


Salary or wages

Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...


Use and consumption

Use and consumption, conversion of a commodity into a different commercial commodity by subject-ing it to some processing, is consumption within the meaning of the Explanation to Art. 286 no less than the final act of user when no distinct commodity is being brought into existence but what was brought into existence is being used up, Anwar Khan Mahboob Co. v. State of Bombay, AIR (1961) 1 SCR 709: 1961 SC 213 (217). (Constitution of India, Art. 286)...


Captive consumption

Captive consumption, the phrase 'captive con-sumption', would mean that any thing which is manufactured or produced, would not go out of the hands of the manufacturers but they consume it for their own purpose. Certainly, in case such a venture, as established for manufacture of goods or a thing for its own consumption, sells it to outsiders for use and consumption by them, it may require to have a licence for such an activity, A.P. Gas Power Corp. Ltd. v. A.P. State Regulatory Commission, (2004) 10 SCC 511: AIR 2004 SC 3090. [Electricity Act, 2003, s. 2(8)]...


Income

Income, s. 4 of the Income-tax Act, defines the 'total income' to include all income, profits and gains from whatever source deprived. The definition of 'income' in Shaw Wallace & Co. case, 1932 (59) IA 206, as a periodical monetary return coming in with some sort of regularity, or expected regularity, from definite sources must be read with reference to the peculiar facts of that case. Money received 'under consequential loss policies, were income within the meaning of s. 2(6c) of the Income Tax Act, Raghuvanshi Mills Ltd. v. Commissioner of Income Tax, AIR 1953 SC 4: (1953) SCR 177.Income connotes a periodical monetary return 'coming in' with some sort of regularity, or expected regularity from definite sources, E.D. Sassoon and Co. Ltd. v. Commissioner of Income Tax, AIR 1954 SC 470: (1955) 1 SCR 313.The expression 'income' in entry 54 of List I of the Seventh Schedule to the Government of India Act, 1935, and the corresponding entry 82 of List 1 of the Seventh Schedule to the Const...


Or is otherwise unfit for human consumption

Or is otherwise unfit for human consumption, the words 'or' is otherwise unfit for human consumption are disjunctive of the rest of the words preceding them. It relates to a distinct and separate class altogether. The clause 'or is otherwise unfit for human consumption' is residuary provision which would apply to a case not covered by or falling squarely within the clauses preceding it. If the phrase is to be read disjunctively the mere proof of the article of food being 'filthy, putrid, rotten,decomposed.... or insect infested' would be per se sufficient to bring within the purview of theword 'adulterated' as defined in sub-clause (f) and it would not be necessary in such a case toprove further that the article of food was unfit for human consumption, Municipal Corporation v. Tek Chand Bhatia, (1980) 1 SCC 158: AIR 1980 SC 360 (362). [Prevention of Food Adulteration Act, 1954, s. 2(1)(f)]...


Use

Use, connotes that the traveling or stationary vehicle at the time when it becames the subject-matters of a delictum was at the place where it is found in the course of its user in accordance with the permit granted to it, TV Moidu (in re:), AIR 1960 Mad 265.Use, in application of law is the profit or benefit of lands and tenement, or a trust and confidence reposed in a man for the holdings of lands, that he to whose use the trust is made shall take the profits thereof, Tomlins.Use, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (xxviiia)]Meaning of the word 'use' in the Oxford Dictionary some of which are as follows: 'To make use of as a means or instrument; To employ for a profitable end;' Automotive Manufacturers (P) Ltd. v. Govern-ment of Andhra Pradesh, AIR 1972 SC 229 (231): (1972) 1 SCC 125: (1972) 2 SCR 593.1. The application or employment of s...


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