Export - Law Dictionary Search Results
Home Dictionary Name: export Page: 4The agreement
The agreement, 'The agreement' occurring in the phrase must mean the agreement with a foreign buyer and not the agreement with a local party containing a covenant to export. Secondly, and more importantly, the user of the definite article 'the' before the word 'agreement' is, in our view, very significant. Parliament has not said 'an agreement' or 'any agreement' for or in relation to such export and in the context the expression 'the agreement' would refer to that agreement which is implicit in the sale occasioning the export, Consolidated Coffee Ltd. v. Coffe Board, AIR 1980 SC 1468 (1482): (1980) 3 SCC 358: (1980) 3 SCR 625...
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...
Drugs, Dangerous
Drugs, Dangerous. The importation, exportation, manufacture, sale, and use of opium and other dangerous drugs is regulated by the (English) Dangerous Drugs Act, 1920 to 1932. Raw opium may only be imported and exported under license and at approved ports, and regulations are authorized for restricting its production, possession, sale, and distribution. The importation or exportation of opium prepared for smoking is absolutely prohibited. Medicinal opium, morphine, cocaine, ecgonine, heroin, and new drugs specified by Order in Council may only be imported or exported by license: their manufacture and sale are regulated. Wide powers of arrest are given to the police and severe penalties provided for offenders against these Acts. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), includes offences in relation to dangerous drugs and attempts to commit such offences, among extradition crimes. See also the Pharmacy Act, 1868, and the (English) Poisons and Pharmacy Act, 1908. See CH...
Territory
Territory, means a geographical area included within a particular government's jurisdiction, the portion of the earth's surface that is in a State's exclusive possession and control, Black's Law Dictionary, 7th Edn., p. 1485.The use of the word 'territory' in s. 9A(1)(c) indicates that the Statute empowered the Authority while determining the normal value to take into consideration the comparable price of the like article in the exporting country or territory. The placement of this word 'territory' after the word 'country' indicates that the Legislature intended to use the word territory' with reference to a larger geographical area than the exporting country which geographical area or territory has some commercial similarity with the exporting country and the exporting country is a part of the said territory, though not in the political sense but in the economic sense of that word, Designated Authority (Anti Dumping Directorate) v. Holder Topsoe A/s, (2000) 6 SCC 626: AIR 2000 SC 2556...
Animals
Animals may be divided into--(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.Dogs. As to injury by dogs and seizure of stray dogs, see DOG.Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or be...
Working group
Working group, means the group constituted by the Reserve Bank for the purpose of considering proposals of export of goods and services on deferred payment terms or in execution of a turnkey project or a civil construction contract. [Foreign Exchange Management (Export of Goods and Services Regulations, 2000, Reg. 2 (x)]...
In the course of
In the course of, the series of transactions which necessarily precede export or import of goods will come within the purview of this clause, State of Travancore-Cochin v. Bombay Company Ltd., AIR 1952 SC 366: (1952) SCR 1112.The expression 'in the course of' not only implies a period of time during which the movement is in progress but postulates also a connected relation. A sale in the course of export out of the country should similarly be understood in the context of clause (1)(b) as meaning a sale taking place not only during the activities directed to the end of exportation of the goods out of the country but also as part of or connected with such activities, State of Travancore-Cochin v. Shanmugha Vilas Cashewnut Factory, AIR 1953 SC 333 (336): (1954) SCR 53. [Constitution of India, Art. 286 (1)(b)...
Exim bank
Exim bank, means the Export-Import Bank of India established under s. 3. [Export- Import Bank of India Act, 1981 (28 of 1981), s. 2(c)]...
Drawback
Drawback, 'drawback' means the repayment of duties or taxes previously charged on commodities, from which they are relived on exportation, State of Uttar Pradesh v. Delhi Cloth Mills, (1991) 1 SCC 454 (468).The term used in commerce to signify the remitting or paying back upon the exportation of a commodity of the duties previously paid on it.A drawback is a device resorted to for enabling a commodity affected by taxes to be exported and sold in the foreign market on the same terms as if it had not been taxed at all. It differs from a bounty in this, that the latter enables a commodity to be sold for less than its natural costs, whereas a drawback enables it to be sold exactly at its natural cost. Were it not for the system of drawbacks it would be impossible, unless when a country enjoyed some very peculiar facilities of production, to export any commodity that was more heavily taxed at home than abroad. But the drawback obviates this difficulty, and enables merchants to export commod...
Smuggle
To import or export secretly contrary to the law to import or export without paying the duties imposed by law as to smuggle lace...
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