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Dee - Law Dictionary Search Results

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Ultra vires

Ultra vires [Lat.] (beyond the powers), said of a corporation or company when exceeding its authority. If the powers are given or acquired at common law or by custom or by charter, the corporation is a person at common law and may do anything which an ordinary person can do [Wenlock (Baroness) v. River Dee Co., (1885) 10 AC 354; British South Africa Co. v. De Beers Consolidated Mines Ltd., (1910) 1 Ch 354], subject to the consequences if the act is prohibited by the Charter or Act of Parliament, or by law directly or indirectly, Jenkins v. Pharmaceutical Society of Great Britain, (1921) 1 Ch 392. On the other hand, a cor-poration or company which is created by or under statute cannot do anything at all unless authorized expressly or impliedly by the statute or instrument defining its powers. An act done ultra vires a corporation means that it is 'an act which the company in general meeting could not authorize, and an act which, if every individual corporator assented to it, would still...


dee

an electrode with a large interior cavity shaped like the letter D used in opposed pairs to accelerate particles in a cyclotron...


Dees

Dice...


Borrowing powers

Borrowing powers. Most public bodies are possessed of borrowing powers, but the terms of the Act conferring the power to borrow must be strictly pursued, see Att.-Gen. V. De Winton, (1906) 2 Ch 106; Rex v. Locke, (1910) 2 KB 201.A company under the (English) Companies Act, 1929, has no power to borrow money unless the provision is contained in the Memorandum of Association, but it has an implied power to borrow money and give security therefor for the purposes of its business, General Auction Estate Co. v. Smith, (1891) 3 Ch 432. If the money borrowed is beyond the company's powers the excess is void, Wenlock v. River Dee Co., (1885) 10 AC 354. And see Re Harris Calculating Machine Co., (1914) 1 Ch 920, as to the lender's right of subrogation to creditors who have been paid with the proceeds of the void loan. See also (English) Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), ss. 38 et. Seq.; ASSOCIATION, MEMORANDUM OF....


Corporation or body politic

Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...


Fabric

Fabric, The 'Mercury' Dictionary of Textile Terms defines 'fabric' as a term which covers all textiles no matter how constructed, how manufactured, or the nature of the material from which made, and the expression 'textile' is described as any product manufactured from fibres through twisting, interlacing, bonding, looping, or any other means, in such a manner that the flexibility, strength, and other characteristic properties of the individual fibres are not suppressed. The Man-Made Textile Encyclopaedia (1959) defines fabric as a collective term applied to cloth no matter how constructed or manufactured and regardless of the kind of fibre from which made. In structure it is planar produced by interlacing yarns, fibres or filaments. Textile fabrics include the following varieties, bonded, felted, knitted, braided and woven. The Fairchild's Dictionary of Textiles (1959) says that fabric is a cloth that is woven or knit, braided, petted, with any textile fibre ... and 'textile' is said ...


Textile

Textile, means 'to weave' and it means woven fabric. When yarn, whether cotton, silk, woollen, rayon, nylon or of any other description made out of any other material is woven into a fabric what comes into being is a 'textile' and is known as such. Whatever be the mode of weaving employed, woven fabric would be 'textile', Ess Dee Carpet Enterprises v. Union of India, 1990 (1) SCC 461.Textile, would include every kind of cloth, whether made of cotton, wool, jute or silk, natural or artificial, which is a finished product, in accordance with the needs of human beings, who include all classes, who want very fine cloth and those who are satisfied with comparatively coarser kind and who include men and women, and the latter may require beautiful colours and prints, Workers Employed in UB Pvt. Ltd. v. Management of UB Pvt. Ltd., AIR 1960 Mad 131; Parritts and Spencer (Asia) Ltd. v. State of Haryana, 1979 (1) SCC 82....


Warp

Warp, the warp means yarn arranged lengthwise on a loom, Ess Dee Carpet Enterprises v. Union of India, AIR 1990 SC 455 (457): (1990) 1 SCC 461: (1989) Supp 2 SCR 417....


Weaving

Weaving, expression 'weaving' means to form a fabric by interlacing yarn on a loom. It also means the method or pattern of weaving or the structure of a woven fabric, Ess Dee Carpet Enterprises v. Union of India, AIR 1990 SC 455 (457): (1989) Supp 2 SCR 417: (1990) 1 SCC 461; State of Madras v. T.T. Gopalier, (1968) 21 STC 451 (Mad)....


Yarn

Yarn, means any fibre, wool, silk flax, cotton, nylon, etc., spun into strands for weaving, knitting or making thread, AIR 1980 MP 69 (71). [Textile Committee Act, 1968, s. 2(g)(f)]The fabric which is woven includes the weft which means yarn woven across the width of the fabric through the lengthwise yarn. Thus the activity of the weaving involves passing of the weft through the warp, Ess Dee Carpet Enterprises v. Union of India, AIR 1990 SC 455 (457): (1990) 1 SCC 461: (1989) Supp 2 SCR 417.There is no particular definition of 'yarn' in the Act or the Rules or the notifications. According to the oxford Dictionary 'yarn' means any spun thread specially of kinds prepared by waving, knitting or rope-making. According to the Webster's New World Dictionary, it is defined as any fiber, as wool, silk, flax, cotton, nylon, etc., spun into strands for weaving, knitting or making thread, Aditya Mills Ltd. v. Union of India, AIR 1988 SC 2237 (2229): (1988) Supp 2 SCR 668: (1988) 4 SCC 315 (318)....


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