Deliverable State - Law Dictionary Search Results
Home Dictionary Name: deliverable stateDeliverable state
Deliverable state, goods are said to be in a 'deliverable state' when they are in such state the buyer would under the contract be bound to take delivery of them [Sale of Goods Act, 1930 (3 of 1930), s. 2(3)]...
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
Gager de deliverance
Gager de deliverance, when he who has distrained, being sued, has not delivered the cattle distrained; then he shall not only avow the distress, but gager deliverance, i.e., put in surety or pledge that he will deliver them, Fitz. NB 67...
Deliverance
The act of delivering or freeing from restraint captivity peril and the like rescue as the deliverance of a captive...
Second deliverance, Writ of
Second deliverance, Writ of, a judicial writ that lies, after a non suit of the plaintiff in replevin, and a retorno habendo of the cattle replevied, adjudged to him that distrained them, commanding the sheriff to replevy the same cattle again, upon security given by the plaintiff in the replevin for the re-delivery of them if the distress be justified. It is a second writ of replevin, and is practically obsolete, Fitz. N.B. 68...
State
State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Inter-State Council
Inter-State Council, in Australia an inter-State Commission is established for the execution and maintenance within the Commonwealth of the provisions of the Australian Constitution relating to trade and commerce; in U.S.A. the Council of State Governments is created to consider inter-State problems of broadest character, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. K, p. 200.Inter-State Council, in India, the Inter-State Council is established by the President by an Order in the public interest the President defines the nature of duties to be performed by it and its organisation and procedure; the duties of the Council are:(a) to inquire into and advise upon disputes which may have arises between States;(b) to investigate and discuss subject of common interest between the Union and the States or between two or more States;(c) to make recommendation upon any such subject particularly for better co-ordination of policy and action with respect to that subject, ...
Inter-State transmission
Inter-State transmission, 'Inter-State transmission includes--(i) the conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State; (ii) the conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy. [Electricity Regulatory Co-mmission Act, 1998 (14 of 1998), s. 2(e)]Includes:(i) the conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State.(ii) the conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy.(iii) the transmission of energy within the territory on a system built, owned, operated, maintained or controlled by a central transmission utility or by any person under the supervision and control of a central transmission utility. [Elect...
State Government
State Government, has the same meaning as in the West Bengal Panchayat Act, 1973 (West Ben. Act 41 of 1973). [West Bengal Panchayat Elections Act, 2003, s. 2(25)]State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution. [Private Security Agencies (Regulation) Act, 2005, s. 2(i)]State Government, in relation to a Union territory, means the Administrator thereof. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(o)]State Government, is headed by the Governor who exercises the executive powers of the State. [Constitution of India, Art. 154(1)]State Government, its executive powers extend to the matters on which the State Legislature is em-powered to make laws, Constitution of India, Art. 162.Means a State Government of the State in which a Special Economic Zone is established or proposed to be established. [Special Economic Zones Act, 2005, s. 2(zb)]Me...
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