Entertainment Tax - Law Dictionary Search Results
Home Dictionary Name: entertainment tax Page: 2Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Impossible
Impossible, The word 'impossible' has not been used here in the sense of physical or literal impossibility. The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do, Satyabrata Ghose v. Mugneeram Bangur, AIR 1954 SC 44 (46). (Contract Act, 1872, s. 56)Means in the language of everyday life a thing is impossible when according to the ordinary course of human events, no expectation can be entertained that it will happen, Shephard v. Kottgen, (1877) 47 LJQB 67....
Confusion of boundaries
Confusion of boundaries, was a jurisdiction of equity, concurrent with the Common Law. The Civil Law was far more provident than ours upon the subject of boundaries. It considered that there was a tacit agreement or duty between adjacent proprietors to keep up and preserve the boundaries between their respective estates, and it enabled all persons having an interest to bring a suit to have the boundaries between them settled; and this, whether they were tenants for years, usufructuar-ies, mortgagees, or proprietors. The action was called actio finium regundorum; and if the possession were also in dispute, that might be ascertained and fixed in the same suit, and indeed was incident to it. Equity adopts this general rule, not to entertain jurisdiction in cases of confusion of boundaries upon the ground that the boundaries are in controversy, but to require that there should be some equity super induced by the act of the parties; such as some particular circumstances of fraud, or some co...
Stranding
Stranding, the running of a ship onshore or on a beach. By reason of the memorandum always inserted in policies of insurance (see INSURANCE), it is of the greatest importance to define what is a stranding. On this much diversity of opinion has been entertained. It would appear that merely striking against a rock, bank, or shore is not a stranding; the ship must be upon the rock, etc., for some time....
Statutum hiberni' de coh'redibus
Statutum hiberni' de coh'redibus (14 Hen. 3). In from it appears to be an instruction given by the King to his justices in Ireland, directing them how to proceed in a certain point where they entertained a doubt. It seems the justices itinerant in that country had a doubt, when land descended to sisters, whether the younger sisters ought to hold of the eldest, and do homage to her for their several portions, or of the chief lord, and do homage to him; and certain knights had been sent over to know what the practice was in England in such a case, 1 Reeves, 259....
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
Neutral Court
Neutral Court, the parties to a contract may agree to have their disputes resolved by a foreign Court termed as a 'neutral Court' or 'Court of choice' creating exclusive or non-exclusive jurisdiction in it, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341: AIR 2003 SC 1177....
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti [Lat.], Of the good faith and intention of a judge a question cannot be entertained; but it is otherwise as to his knowledge, whether the error be one of law or fact....
- << Prev.
- Next >>