Factor - Law Dictionary Search Results
Home Dictionary Name: factor Page: 2Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
VerbarHemophilia
A condition characterized by a tendency to profuse and uncontrollable hemorrhage from the slightest wounds it is caused by an absence or abnormality of a clotting factor in the blood and is a recessive genetic disease linked to the X chromosome and therefore usually occurs only in males there are several specific forms It may be treated by administering purified clotting factor It was formerly termed Hematophilia...
Social backwardness
Social backwardness, in ascertaining social back-wardness of a class of citizens it may not be irrelevant to consider the caste of the group of citizens. Caste cannot however be made the sole or dominant test. Social backwardness is in the ultimate analysis the result of poverty to a large extent. Social backwardness which results from poverty is likely to be aggravated by considerations of their caste. This shows the relevance of both caste and poverty in determining factor of social backwardness of citizens. Poverty by itself is not the determining factor of social backwardness. Poverty is relevant in the context of social backwardness, Kumari K.S. Jayasree v. State of Kerala, AIR 1976 SC 2381 (2385): (1976) 3 SCC 730: (1977) 1 SCR 194....
Broker
Broker [fr. broceur, Fr., a person who breaks into small pieces], (1) an agent employed to make bargains and contracts between other persons in matters of trade, commerce and navigation, by explaining the intentions of both parties, and negotiating in such a manner as to put those who employ him in a condition to treat together personally; (2) and, more commonly, an agent employed by one party only to make a binding contract with another.There are various sorts of brokers now employed in commercial affairs, whose transactions form, or may form, a distinct and independent business. Thus, for example, there are exchange and money-brokers, stock-brokers, ship-brokers, and insurance-brokers, who are respectively employed in buying and selling bills of exchange, or promissory notes, railway scrip, goods, stocks, ships, or cargoes; or in procuring freights or charter-parties. By custom or usage brokers may become personally liable on contracts made by them on behalf of principals where the p...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Del credere
An agreement by which an agent or factor in consideration of an additional premium or commission called a del credere commission engages when he sells goods on credit to insure warrant or guarantee to his principal the solvency of the purchaser the engagement of the factor being to pay the debt himself if it is not punctually discharged by the buyer when it becomes due...
Sanjaiti contract
Sanjaiti contract, means Sanjaiti or Sanjait contract is one under which the goods are removed from one shop and are deposited in another, not under any sale but under an arrangement that the recipient will be at liberty to sell the goods or return the same if not sold. The commercial practice of Sanjait supply of goods does not bring about sale upon delivery, nor do goods pass to the acceptor extinguishing title of dispatcher. It is a special commercial mode, and though some of the factors alike to sale are present, it does not bring about that result. The relations between the traders is that of factor and factor with obligation of one to hold goods of another in deposit till they are appropriated by sale or to return goods not so appropriated on its already fixed value, Shah Amrutlal Shantilal v. Madhyavarti Sahakari Hatamag Venkar Sangh Ltd., 1977 Mah LJ 842: 1977 Bom 431....
Factorage
Factorage, the wages, commission, or allowance made to a factor by a merchant.The compensation paid to a factor for his or her service; Black's Law Dictionary....
Expert witness
Expert witness, an 'expert' is not a 'witness' of fact. His evidence is really of an advisory character. The duty of an 'expert witness' is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions, State of Himachal Pradesh v. Jai Lal, (1999) 7 SCC 280: AiR 1999 SC 3318 (3321). [Evidence Act, 1872, s. 45]...
Del credere
Del credere [a phrase borrowed from the Italians, equivalent to our word guaranty or warranty, or the Scots term warrandice], an agreement by which a factor, when he sells goods on credit for an additional commission (called a del creder commission), guarantees the solvency of the purchaser and his performance of the contract. Such a factor is called a del creder agent; as to his position, see Thomas Gabriet & Sons v. Churchill & Sim, (1914) 3 KB 1272. He is a mere surety, liable only to his principal in case the purchaser makes default; and the agreement need not be in writing, as it is not within s. 4 of the Statute of Frauds [Sutton & Co. v. Grey, (1894) 1 QB 285], Story on Agency; Smith's Merc. Law....
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