Declared Goods - Law Dictionary Search Results
Home Dictionary Name: declared goods Page 1 of about 80 results ( seconds)Declared 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)]...
Void and voidable
Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...
For sale
For sale, The words 'for sale' following upon the word 'goods' clearly indicate that the goods manu-factured or processed by the registered dealer must be goods for sale or in other words, they must be goods intended for sale and it is immaterial whether they are intended for sale by the registered dealer himself or by anyone else. This sub-clause of S. 8(3)(b) of the Central Sales Tax Act, 1956 would therefore clearly cover a case where a registered dealer manufactures or processes goods for a third party on a job contract and uses in the manufacture or processing of such goods, materials purchased by him against his Certificate of Registration and the declarations in Form C, so long as the manufactured or processed goods are intended for sale by such third party, Assessing Authority-cum-Excise and Taxation Officer v. East India Cotton Mfg. Co. Ltd., AIR 1981 SC 1610: (1981) 3 SCC 531: (1982) 1 SCR 55....
Non detinet
Non detinet, a plea by way of traverse, which occurred in the action of detinue. This plea alleged that the defendant did not detain 'the said goods in the said declaration specified,' etc. It operated accordingly as a denial of the detention of the goods. But, under this plea, the defendant could not deny that they were the plaintiff's, Steph. Plead., 7th ed. 154, 163....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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...
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...
Carrier
Carrier, in its general sense, a person who undertakes to transport the goods of other persons from one place to another for hire. It is not, however, every person who undertakes to carry goods for hire that is deemed a common carrier.A carrier of passengers is liable only for negligence and not as an insurer, Redhead v. Midland R. Co., (1869) LR 4 QB 379.To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.The two obligations of a common carrier of goods are (1) to carry for everybody, and (2) to answer for all things carried as an insurer, unless lost or injured by the act of God or the King's enemies.The second obligation, that of an insurer, is restricted by the (English) Carriers Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 68), which protects carriers from liabi...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Contraband
Contraband [fr. Contra, Lat., against; and bando, Ital., edict], such goods as are prohibited to be imported or exported, bought or sold, either by the laws of a particular state or by special treaties; also a term applied to designate that class of commodities which neutrals are not allowed to carry during war to a belligerent power.It is a recognized general principle of the law of nations, that ships may sail to and trade with all kingdoms, countries, and states in peace with the princes or authorities whose flags they bear; and that they are not to be molested by the ships of any other power at war with the country with which they are trading, unless they engage in the conveyance of contraband goods. But great difficulty has arisen in deciding as to the goods comprised in this term.In order to obviate all disputes as to what commodities should be deemed contraband, they have sometimes been specified in treaties or conventions. But this classification is not always respected during ...
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