Delivering - Law Dictionary Search Results
Home Dictionary Name: deliveringDelivers the judgment
Delivers the judgment, the Judge who 'delivers' the judgment, or causes it to be delivered by a brother Judge, must be in existence as a member of the Court at the moment of delivery so that he can, if necessary, stop delivery and say that he has changed his mind. There is no need for him to be physically present in court but he must be in existence as a member of the Court and be in a position to stop delivery and effect an alteration should there be any last minute change of mind on his part, Surendra Singh v. State of Uttar Pradesh, AIR 1954 SC 194 (196). (Criminal Procedure Code, 1898, s. 369)...
Actually delivered
Actually delivered, 'actually delivered', can only mean physical delivery of the goods, or such action as puts the goods in the possession of the purchaser, it does not contemplate mere symbolical or national delivery e.g. by entrusting the goods to a common carrier, or even delivery of documents of title like railway receipts, Shree Bajarang Jute Mills Ltd v. State of Andra pradesh, AIR 1966 SC 376 (379): (1964) 6 SCR 691. [Constitution of India, Art. 286(1)]...
Delivered
Delivered, word 'delivered' cannot be construed as 'Subscribed', Mithilesh Kumar Sinha v. Returning Officer, AIR 1993 SC 20. [Presidential and Vice Presidential Elections Act, (31 of 1952), s. 5, B(5)]...
When the goods should have been delivered
When the goods should have been delivered, the date when the goods should have been delivered for the purpose of the Third Clause of the 6th paragraph of Art. III of the Act is the date when the ship by which the goods were contracted to be carried has left the port at which delivery was to be made, East & West Steamship Co. Ltd. v. S.K. Ramalinga, AIR 1960 SC 1058 (1067). [Carriage of Goods by Sea Act, 1925, Sch. Art. III para 6, Clause 3]...
deliver
deliver -ered -er·ing : to transfer possession of (property) to another : put into the possession or exclusive control of another [a deed must be ed to be effective "W. M. McGovern, Jr. et al."] see also gift compare bail, convey, donate, give, sell de·liv·er·able adj ...
Deliver
To set free from restraint to set at liberty to release to liberate as from control to give up to free to save to rescue from evil actual or feared often with from or out of as to deliver one from captivity or from fear of death...
Delivered for export
Delivered for export, cannot really mean 'exported'. It is straining language too far, Greenalls Manage-ment Ltd. v. Customs and Excise Comrs (Ch D), (2002) 1 WLR 3333....
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Capias in withernam
Capias in withernam (that you take by way of reprisals). If the goods before an action of replevin had been concealed, so that the sheriff could not replevy them, then, upon plaint being levied in the County court by the plaintiff, the plaintiff might issue this writ directing the sheriff to take goods or cattle of the defendant, to the value of those taken by him, and deliver them to the plaintiff, who gave a bond with sureties, conditioned to prosecute his suit and to return the goods, etc., so to be delivered to him, if a return of them should be afterwards adjudged. Goods taken in withernam could not be replevied till the original distress was forthcoming.Also, after verdict and judgment for defendant in replevin, and the usual writ of execution de retorno habendo had been sued out, to which the sheriff had returned that the goods, etc., were concealed or eloigned, i.e., conveyed to places unknown to him, so that he could not execute the writ, the defendant might then sue out a api...
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