Declared Goods - Law Dictionary Search Results
Home Dictionary Name: declared goodsDeclared goods
Declared goods, 'Declared goods' in s. 14 of the Central Sales Tax Act, 1956, are individually specified under separate items. 'Cotton ginned or unginned' is treated as a single commodity under one item of declared goods, State of Punjab v. Chandu Lal Kishori Lal, (1969) 1 SCC 695: AIR 1969 SC 1073: (1973) 3 SCR 849. See also State of Punjab v. Shakti Cotton Co., AIR 1972 SC 1458 (1463).It means goods declared under s. 14 to be of special importance in inter-State trade or commerce. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (c)]...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Declaration of Paris
Declaration of Paris, a state paper agreed upon at the conclusion of the Crimean War, by the representatives of Great Britain, France, Austria, Russia, Sardinia, and Turkey (February 26, 1856), in which the following agreements on maritime law were come to:--Privateering is abolished.The neutral flag covers enemy's goods save contraband of war.Neutral goods save contraband of war are not liable to capture under enemy's flag. Blockades to be binding must be real. (See also LETTERS OF MARQUE and PAPER BLOCKADES.)...
Declaration of London, 1909
Declaration of London, 1909. A suggested International agreement to settle doubts concerning inter alia the application of the doctrines of contraband, neutral destination and continuous voyage. A list of three classes of goods was made: (1) absolute contraband or munitions of war; (2) conditionally contraband, or foodstuffs, forage, money, railway materials, fuel, lubricants, barbed wire and optical instruments; (3) not contraband, or any raw textile materials, rubber, hides, metallic ores, earths. Eleven countries signed the convention. With a prescience justified by the developments of science and the uncontrollable nature of a desperate war, the House of Lords refused to ratify it. In practice the declaration was followed by Great Britain and other belligerents with increasing alterations until it was formally, and finally abandoned by this country in April, 1916. A modified list of Articles absolutely or conditionally contraband was issued shortly after. See Hall or Lawrence on In...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Declaration in lieu of oath
Declaration in lieu of oath. By the (English) Statutory Declarations Act, 1835 (5 & 6Wm. 4, c. 62), any justice of the peace, notary public, or other officer authorized to administer an oath, is empowered to take voluntary declarations in the form specified in the Act; and any person wilfully making suchdeclaration false in any material particular is guilty of a misdemeanour. The form given by the Act of 1835 is as follows:--I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the (English) Statutory Declarations Act, 1835....
Declaration of trust
Declaration of trust. To prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53 of the (English) Law of Property Act, 1925, reproducing and amending the (English) Statute of Frauds (29 Car. 2, c. 3), ss. 7, 8 and 9, requires that a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust, or by his will, and (1) a disposition of an equitable interest or trust, subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by his agent thereunto lawfully authorized in writing or by will; (2) this section does not affect the creation of resulting, implied or constructive trusts.It appears that this statute does not extend to the declaration or creation of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust should be ir...
Dying declaration
Dying declaration, The dying declaration is a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian Evidence Act in a case in which the cause of that person's death comes into question. It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity, Tapinder Singh v. State of Punjab, (1970) 2 SCC 113: AIR 1970 SC 1566: (1971) 1 SCR 599.(ii) a dying declaration stands on the same footing as any other evidence and it is to be judged in the surrounding circumstances and with reference to the principles governing the weighting of evidence. The court mus...
Declared
Declared, the expression 'declared' is wider than the words 'found or made'. To declare is to announce opinion. Indeed, the latter involves the process, while the former expresses result. Inter-pretation, ascertainment and evolution are parts of the process, while that interpreted, ascertained or evolved is declared as law, Golak Nath v. State of Punjab, AIR 1967 SC 1643 (1669): (1967) 2 SCR 762. (Constitution of India, Art. 141)is wider than the words 'found or made'. Declared defaulter should be an actual defaulter and not an alleged defaulter, B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437.the expression 'declared' is wider than the words 'found' or 'made', B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial