Express Agency - Law Dictionary Search Results
Home Dictionary Name: express agency Page: 2Attorney
Attorney [fr. tourne, Fr., or fr. attornatus, Medieval Lat., substituted], one who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. He is of two kinds.(1) Attorney at Law was a public officer belonging to the Superior Courts of Common Law at Westminster, who conducted legal proceedings on behalf of others, called his clients, by whom he was retained: he answered to the Solicitor in the Courts of Chancery, and the Proctor of the Admiralty, Ecclesiastical, Probate, and Divorce Courts. An attorney was almost invariably also a solicitor. The name 'Solicitor' was provided by the (English) Judicature Act, 1873, s. 87. The (English) Judicature Act, 1925, s. 215(2) provides that references in any enactment to solicitors, attorneys or proctors shall be construed as references to solicitors of the Supreme Court. see SOLICITORS.(2) Attorney in Fact, including all agents employed in any business or to do any ...
Expressio unius personae vel rei est exclusion alterius
Expressio unius personae vel rei est exclusion alterius, means the express intention of the person or thing is the exclusion of another, Khemka & Co. (Agencies) (P) Ltd. v. State of Maharashtra, (1975) 2 SCC 22: 1975 SCC (Tax) 227 SCC para 47: AIR 1975 SC 1549....
Agency
Agency, the relation which exists between one person, called 'the principal' and another person called 'the agent' who, by his authority, express or implied, acts on his behalf. See AGENT...
authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
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...
Stockholder
Stockholder, includes--(i) any State Government;(ii) any statutory functionary;(iii) voluntary agencies including foreign voluntary agencies, and(iv) any other person identified by the Authority:Which participate in any manner in activities related to disaster management. [Gujarat State Disaster Management Act, 2003, s. 2(u)]The expression 'stockholder' has been defined in the Order as meaning 'every person who is in possession or control of 150 kilograms or more of ground-nut oil... (b) 15 quintals or more of ground-nut oil or cake... (c) 15 quintals or more of ground-nut seeds... and (d) 20 quintals of ground-nut shell. The explanation thereto provides that edible oil, edible oil seeds and oilcakes in transit shall be presumed to be under the control of the owner thereof, State of Karnataka v. Krishna Bhima Walvakar, AIR 1981 SC 1468: (1981) 3 SCC 301: (1981) 3 SCR 829....
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
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