Directly Attributable To - Law Dictionary Search Results
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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...
Clarendon, constitutions of, assize of
Clarendon, constitutions of, assize of. At a great council held at Clarendon, in Wiltshire, A.D. 1164, in the tenth year of the reign of Henry II., a code of laws was brought forward by the king, under the title of the ancient customs of the realm and known as the 'Constitutions of Clarendon'; and as Becket had solemnly promised he would observe what were really such, the king procured the principal propositions in dispute to be enacted, and declared by the council under that denomination. The main provisions of them were that clergy charged with crimes were to be tried in the civil courts, and that a justice of the king should be present in the king's courts; that no prelate was to quit the realm without the king's permission; that prelates were to be subject to feudal burdens; that the king was to hold all vacant benefices and receive their revenues till the vacancies were filled; and that goods forfeited to the Crown were not to be protected by sanctuary.As in the Constitutions of C...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
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...
Trust for sale
Trust for sale. Trusts for sale of land were commonly crated in settlements and well-drawn wills. The effect was to convert realty into personalty so that the proceeds devolved upon the beneficiaries as personalty unless they elected to take the property as realty (see CONVERSION), except that upon a lapse of the devise of realty in the testator's lifetime the property resulted to the heir-at-law, Ackroyd v. Smithson, (1780) 1 Bro CC 503. Another and more practical consequence was that the whole estate was vested as a rule in the trustees so that with or without consent of any other person as directed by the donor or testator they could vest the whole estate in a purchaser without his seeing to the application of the purchase money (Trustee Act, 1893, s. 14), and without participation of beneficiaries whose consent was not required, thus providing an expedient, which, together with the Settled Land Acts and other statutes giving analogous powers to mortgagees, personal representatives ...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Paranoid schizophrenia
Paranoid schizophrenia, in the vast majority of cases, starts in the fourth decade and develops insidiously. Suspiciousness is the characteristic symptom of the early stage. Ideas of reference occur, which gradually develops into delusions of persecution. Auditory hallucinations follow, which in the beginning, start as sound or noises in the ears, but are afterwards changes into abuses or insults. Delusions are at first indefinite, but gradually they become fixed and definite, to lead the patient to believe that he is persecuted by some unknown person or some superhuman agency. He believes that his food is being poisoned. Some noxious gases are blown into his room, and people are plotting against him to ruin him. Disturbances of general sensation given rise to hallucinations, which are attributed to the effects of hypnotism, electricity wireless telegraphy or atomic agencies. The patient gets very irritate and excited owing to these painful and disagreeable hallucinations and delusions...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
Sand
Sand, can be described in terms of both texture and composition. Textual attributes include size, size sorting, angularity, shape and surface texture of the grains. Grain size refers to the mean diameter of the grains and is usually determined by sieving. Grain size is directly related to the energy of velocity of the agent which transports the grains and is inversely related to the total distance of transport prior to deposition. Size sorting is a measure of the range in grain sizes within a given deposit of sand. Poorly-sorted sands contain grains of many different sizes within the sand-size range; well-sorted sand have only a narrow range of particle diameters. The best-sorted sands are those transported by agents of law viscosity and de-posited very slowly, McGraw-Hill Encyclopaedia of Science and Technology (6th Edn.)Sand, is a product of abrasion or breakdown of older parent or source rocks, (Concise Oxford Diction-ary) see also Goa Foundation, Goa v. Diksha Holdings Pvt. Ltd., (...
Technical
Technical, means what is characteristic of a particular art, science, profession, or trade, (New Webster's Dictionary of the English Language), Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The word 'technical' is described in the Concise Oxford Dictionary to mean a particular art, science or of applied science or vocational training dealing with applied science. It is trite to say that when a word has many etymological meanings attributed to it, the same takes its true colour from the text and context. The dictionary meaning of the word 'technical' is also 'professional' and is used in contradiction with pure sciences, Dean Goa Medical College, Sudhir Kumar Solanki, AIR 2001 SC 3422 (3423): (2001) 7 SCC 645. [Goa, Daman and Diu Reorganisation Act, 1987, s. 58]...
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