Exempt - Law Dictionary Search Results
Home Dictionary Name: exempt Page: 3Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
Peculiars, Court of
Peculiars, Court of, a branch of, and annexed to, the Court of Arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury in the midst of other dioceses, which are exempt from the ordinary's jurisdiction, and subject to the metropolitan only. All ecclesiastical causes arising within these peculiar or exempt jurisdictions are, originally, cognizable by this Court, from which an appeal lies to the Court of Arches, 3 Bl. Com. 65. See now 37 & 38 Vict. c. 85, and title PUBLIC WORSHIP REGULATION ACT....
nonexempt
Not exempt subject to some specified rule Opposite of exempt...
Exemption, permission
Exemption, permission, Foreign Exchange Regula-tion Act, uses diverse words like, 'authorise', 'exempt' and 'permission' in different parts. The word 'exempt' shows that a person is put beyond the application of law, while 'permission' shows that he is granted leave to act in a particular way. But the word 'permission' is a word of wide import. 'Permission' in this s. means only leave to do some act which but for the leave would be illegal. In this sense, exemption is just one way of giving leave, Dharrajamal Gobindram v. Sharmji Kalidas, AIR 1961 SC 1285 (1290). [Foreign Exchange Regulation Act, (7 of 1947), ss. 21, 5]...
Smuggling
Smuggling, the offence of importing prohibited Articles, or of defrauding the revenue by the introduction of Articles into consumption without paying the duties chargeable upon them. It may be committed indifferently either upon the excise or customs revenue.The crime of importing or exporting illegal articles or articles on which duties have not been paid, Black's Law Dictionary, 7th Edn., p. 1394.Smuggling is restrained by the statutes relating to the Customs, and in particular by the Customs Consolidation Act, 1876.In relation to any goods, means any act or omission which will render such goods liable to confiscation under s. 111 or s. 113. [Customs Act, 1962 (52 of 1962), s. 2 (39)]The general concept of smuggling contains two elements: one, the bringing into India of goods the import of which is prohibited; and two, the bringing, into the country's trade stream, of goods the import of which is permitted without paying the customs duties with which they are chargeable. The second e...
Lottery
Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...
Shop
Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycle...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Hawkers and pedlars
Hawkers and pedlars, persons who carry their goods from place to place for sale. In 1810 (50 Geo. 3, c. 41), imposed a licence duty on them and made various provisions in regard to their trade. After many amending Acts (see, e.g., 52 Geo. 3, c. 108, 26 & 27 Vict. c. 18, Sched. B, 22 & 23 Vict. c. 36) the (English) Hawkers Act, 1888 (51 & 52 Vict. c. 33), has regulated the business of hawkers, defining, for the purposes of the Act, a hawker as a person who travels about selling or exposing samples with a horse or other beast bearing or drawing burden, the Pedlars Act, 1871 (34 & 35 Vict. c. 96), for regulating the business of peddlers, having already defined a peddler for the purposes of that Act as a person traveling about selling or procuring orders for goods or selling his skill in handicraft, without a horse, etc. see Woolwich Local Board v. Gardiner, (1895) 2 QB 497.A hawker's licence costs 2l. a year, and except by way of renewal of a licence for the year immediately preceding, is...
Goods
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...
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