Duly Authorised - Law Dictionary Search Results
Home Dictionary Name: duly authorisedDuly authorised
Duly authorised, 'duly authorised in this behalf' in Explanation II of, s. 19 means 'duly authorised by the debtor' and does not include duly authorised by law or by an order of the Court, Kamgarh Shah v. Jagdish Chandra, AIR 1960 SC 953 (960). [Limitation Act, (1908), s. 19, Expln. II]...
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Controlled delivery
Controlled delivery, means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under s. 50A with a view to identifying the persons involved in the commission of an offence under this Act. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (viib)]...
Personally
Personally, the word 'personally' in the Income-tax Rules, as framed under s. 59 of the Income-tax Act would exclude a duly authorised agent of a partner of a firm signing an application on behalf of the partner under s. 26A of the Income-tax Act, Ravulu Subba Rao v. Commissioner of Income Tax, AIR 1956 SC 604: (1956) SCR 577 (613). (Income Tax Rules, R. 622)...
Signed
Signed, 'signed' means signed either personally or by an agent duly authorised in this behalf, Nanchand Gangaram Shetji v. Mallappa Mahalingappa Sadalge, AIR 1976 SC 835 (843): (1976) 2 SCC 429: (1976) 3 SCR 287.As stated in Black's Law Dictionary (1951 Edition--See now 1999 Edition) speaking generally when a person attaches his signature to a written document he does so in token of knowledge, or acceptance. According to Chambers New English Dictionary, the word 'sign' means a mark with a meaning, Municipal Corporation of Greater Bombay v. P.S. Malvenkar, AIR 1978 SC 1380: (1978) 3 SCC 78: (1978) 3 SCR 1000.Save in the case of a judgment or decree, includes stamped. [Code of Civil Procedure, 1908, s. 2(20)]...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Duly forwarded
Duly forwarded, the expression 'duly forwarded' in relation to an application under sub-s. (1) of, s. 3 shows that the State Government is expected to satisfy itself before the issue of a notification under sub-s. (2) of, s. 3, that the application in question is a proper application under sub-s. (1), and has been duly forwarded, Mahant Dharan Das v. State of Punjab, (1975) 1 SCC 343 (362). [Sikh Gurdwaras (Supplementary) Act, 1925, s. 3]...
Duly notified stands
Duly notified stands, The expression 'duly notified stands' is not defined in the Act, but it is reasonable to presume that a duly notified stand must be one which is notified by the Transport Authority and by none other, T.B. Ibrahim v. Regional Transport Authority Tanjore, AIR 1953 SC 79: (1953) SCR 290....
Duly
Duly, in a contract for payment of a sum of money, does not mean 'punctually,' and payment after the stipulated time will suffice; see Starkey v. Barton, (1909) 1 Ch 284.The word 'duly' means properly, regularly or in due manner. In the context in which it is used it may legitimately be given even a more restricted meaning, namely, in accordance with law, Life Insurance Corporation of India v. D.J. Bahadur, (1981) 1 SCC 315: AIR 1980 SC 2181: (1981) 1 SCR 1083. [Life Insurance Corporation Act, 1956 (English)(31 of 1956), s. 1]...
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