Course - Law Dictionary Search Results
Home Dictionary Name: courseDue course of law
Due course of law, Due course of law in each par-ticular case means such an exercise of the powers by duly constituted tribunal or court in accordance with the procedure established by law under such safeguards for the protection of individual rights. A course of legal proceedings according to the rules and principles which have been established in our system of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must thus be a tribunal competent by its constitution, that is by law of its creation, to pass upon the subject matter of the suit or proceeding; and, if that involves merely a determination of the personal liability of the defendant, it must be brought within its jurisdiction by service of process within the State, or his voluntary appearance. Due course of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty or property i...
In the course of employment
In the course of employment, the words 'In the course of employment' mean in the course of the work which the workman is employed to do and which is incidental to it', Mackinnon Machenzie and Co. (P) Ltd. v. Ibrahim Mahommad Issak, AIR 1970 SC 1906 (1908): (1969) 2 SCC 607: (1970) 1 SCR 869.The dictionary meaning of 'in the course of' is 'during (in the course of time, as time goes by), while doing' (The Concise Oxford Dictionary, New Seventh Edition). The dictionary meaning indicates that the accident must take place within or during the period of employment, Regional Director, ESI Corpn. v. Francis De Costa, AIR 1997 SC 432: (1996) 6 SCC 1. [ESI Act, 1948 (34 of 1948), s. 2(8)...
In the course of trade or business
In the course of trade or business, this expression means, that the mining lease, if it was a contract, was in the course of the business of the respondent. It was not necessary that a course of business based upon other transactions must have first existed before the offending contract could be said to be in the course of business, C.V.K. Rao v. Dantu Bhaskara Rao, AIR 1965 SC 93: (1964) 8 SCR 152....
Sale in the course of export
Sale in the course of export, the phrase 'sale in the course of export' comprises in itself three essen-tials: (i) that there must be a sale, (ii) that goods must actually be exported, and (iii) the sale must be a part and parcel of the export, Coffee Board v. Joint Commercial Tax Officer, AIR 1971 SC 870: (1969) 3 SCC 349: (1970) 3 SCR 147.(ii) The expression 'in the course' implies not only a period of time during which the movement is in progress but postulates a connected relation. Sales in the course of export out of the territory of India means sale taking place not only during the activities directed to the end of exportation of the goods out of the country but also as part of or connected with such activities, Md. Serajuddin v. State of Orissa, AIR 1975 SC 1564: (1975) 2 SCC 47: (1975) Supp SCR 169....
Sale in the course of inter-State trade
Sale in the course of inter-State trade, a 'sale in the course of inter-State trade' in Article 286(2) of the Constitution includes a sale by a trader in one State to a consumer or user in another State. The ex-pression is not confined to sales between two traders only, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.A sale which occasions movement of goods from one State to another is a sale in the course of inter-State trade, no matter in which State the property in the goods passes; (2) it is not necessary that the sale must precede the inter-State movement in order that the sale may be deemed to have occasioned such movement; and (3) it is also not necessary for a sale to be deemed to have taken place in the course of inter-State trade or commerce, that the covenant regarding inter-State movement must be specified in the contract itself. It would be enough if the movement was in pursuance of and in-cidental to the contract of sale, Union of India v. ...
buyer in ordinary course of business
buyer in ordinary course of business :a bona fide purchaser who in a normal or regular business procedure buys goods from a seller in the business of selling goods of that kind NOTE: Under the Uniform Commercial Code a buyer in ordinary course of business takes the purchased goods free of the property interests of a third party. The consideration exchanged for the goods is restricted to cash, other property, or credit. The purchase also cannot be a transfer in bulk or serve as security for or satisfaction of a debt. Pawnbrokers are specifically excluded from qualifying as buyers in ordinary course of business. ...
holder in due course
holder in due course :the holder of a negotiable instrument that is complete and regular on its face and that is taken in good faith and for value without notice that it is overdue or has been dishonored or that there is any defense against it or claim to it by any party compare bona fide holder NOTE: A holder in due course takes the negotiable instrument free of any claims to it and of most defenses of a party to it. Federal Trade Commission rules have abolished the status of holder in due course in consumer transactions. ...
ordinary course of business
ordinary course of business :the usual manner and range of a business esp. considered in relation to the amount, circumstances, and validity of a particular transfer [the bankruptcy trustee voided a transfer that was not in the ordinary course of business] see also buyer in ordinary course of business ...
Due course of justice
Due course of justice, the words 'due course of justice' used in, s. 13 is wider in scope than the words 'due course of any judicial proceeding or administration of justice' used in sub-clause (ii) or (iii) of, s. 20, Rachapudi Subba Rao v. Advocate General, Andhra Pradesh, (1981) 2 SCC 577 followed Mumoy and Co. v. Ashok Kr. Newatia, AIR 2000 SC 833 (838): 2000 SCC (Cri) 473. [Contempt of Courts Act, 1971, ss. 13, 12, 12(c)]...
Holder in due course
Holder in due course is 'a holder who has taken a bill of exchange [cheque or note], complete and regular on the face of it,' under the following conditions, namely:-(a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact.(b) That he took the bill [cheque or note] in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it, Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 29.A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge has not been dishonoured, Black's Law Dictionary, 7th Edn.In R. E. Jones Ltd. v. Warning and Gillow Ltd., 1926 AC 670, it was held that the original payee of a cheque is not a holder in due course within the meaning of the Bill of Exchange Act, 1882.Means any person who for cons...
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