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Derivative Work - Law Dictionary Search Results

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derivative work

derivative work : a piece of intellectual property that substantially derives from an underlying work NOTE: Use of a derivative work that is derived from an underlying copyrighted work is infringement if the permission of the copyright owner is not obtained. ...


Derivative settlement

Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...


Essentially derived variety

Essentially derived variety, 'essentially derived variety', in respect of a variety (the initial variety) shall be said to be 'essentially derived' from such initial variety when it (i) is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination or geno types of such initial variety; (ii) is clearly distinguishable from such initial variety, and (iii) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety. [Protection of Plants varieties and Farmer's Rights Act, 2001 (53 of 2001), s. 2(i)]...


derivative

derivative : a contract or security that derives its value from that of an underlying asset (as another security) or from the value of a rate (as of interest or currency exchange) or index of asset value (as a stock index) NOTE: Derivatives often take the form of customized contracts transacted outside of security exchanges, while other contracts, such as standard index options and futures, are openly traded on such exchanges. Derivatives often involve a forward contract. adj 1 : arising out of or dependent on the existence of something else compare direct 2 : of, relating to, or being a derivative [a transaction] de·riv·a·tive·ly adv ...


derivative action

derivative action : a suit brought by a shareholder on behalf of a corporation or by a member on behalf of an association to assert a cause of action usually against an officer which the corporation or association has itself failed to assert for its injuries called also derivative suit shareholder's derivative suit compare direct action NOTE: A shareholder or member bringing a derivative action must describe in the complaint attempts to obtain action from the corporate directors or association authorities, or from other shareholders or members, and the reasons these attempts failed. The plaintiff must fairly and adequately represent the other similarly situated shareholders or members, and the action may not be collusive. Federal Rule of Civil Procedure 23.1 governs derivative actions brought in federal court. ...


Housing of the working classes

Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...


Equal pay for equal work

Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...


Public Works Loans Act, 1875 (English)

Public Works Loans Act, 1875 (English), which repeals twenty-seven previous statutes on the same subject, makes provision for the constitution of a body to be called 'The Public Works Loan Commissioners,' who are authorized to make loans for certain public purposes which are enumerated in the first schedule to the Act. They are appointed every five years: see the Public Works Loans Act, 1930 (20 & 21 Geo. 5, c. 49). The Act of 1875 has been extended and amended by numerous Acts.Among the works for the purposes of which the Commissioners were authorized to lend money are as follows: Baths and wash-houses provided by local authorities; burial grounds provided by burial boards or, in Scotland, by either burial or parochial boards; construction or improvement of canals; conservation or improvement of rivers of main drainage; docks, harbours, and piers, and any work for which the Public Works Loan Commissioners are authorized to lend by s. 3 of the Harbour and Passing Tolls Act, 1861; impro...


Derivative

Obtained by derivation derived not radical original or fundamental originating deduced or formed from something else secondary as a derivative conveyance a derivative word...


Derived from

Derived from, the words 'derived from' in s. 80HH of the Income-tax Act, 1961 must be understood as something which has direct or immediate nexus with the appellant's industrial undertaking. Although electricity may be required for the purposes of the industrial undertaking, the deposit required for its supply is a step removed from the business of the industrial undertaking. The derivation of profits on the deposit made with the Electricity Board cannot be said to flow directly from the industrial undertaking itself. (AIR 1955 SC 74 foll), Pandian Chemicals v. Commissioner of Income Tax, (2003) 5 SCC 590 (592). (Income-tax Act, 1961, s. 80HH)Derived from, a direct nexus between the profits and gains and the industrial undertaking, Belapur Sugar & Allied Industries Ltd. v. C.C.E., (1999) 4 SCC 98....


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