Factor - Law Dictionary Search Results
Home Dictionary Name: factor Page: 3Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
Merit
Merit, 'Merit' consists of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of social commitment and dedication to the cause of the poor, Dr. Pradeep Jain v. Union of India, AIR 1984 SC 1420 (1431): (1984) 3 SCC 654: (1984) 3 SCR 942.No doubt the term 'merit' is not capable of an easy definition, but it can be safely said that merit is a sum total of various qualities and attributes of an employee such as his academic qualifications, his distinction in the University, his character, integrity, devotion to duty and the manner in which he discharges his official duties. Allied to this may be various other matter or factors such as his punctuality in work, quality and outturn of work done by him and the manner of his dealings with his superiors and subordinate officers and the general public and his rank in the service and annual confidential report. All these and other...
Delivery order
Delivery order, a delivery order is an order by the owner of goods directing the person who holds them on his behalf to deliver them to the person named in the order, Jaggilal K. Pratapmal Rameshwar, AIR 1978 SC 389 (396). [Sale of Goods Act, 1930, s. 2(4)]--A writing directed to the bailee of goods mentioned in the order requesting him to deliver over the goods to the person named in the order. Such an order is a 'document of title' within the (English) Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1 (4), and the (English) Sale of Goods Act, 1893 (56 & 57 Vict.c. 71), s. 62(1). See Chitty's Statutes, tits. 'Factors' and 'Goods.' As to the effect on innocent parties of a delivery order which is fradulent, see Union Credit Bank v. Mersey Docks, (1899) 2 QB 205; Farquharson Bros. v. King, 1902 AC 325....
Adequate and special reasons
Adequate and special reasons, in order to exercise the discretion of reducing the sentence the statutory requirement is that the court has to record 'adequate and special reasons' in the judgment and not fanciful reasons which would permit the court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no straitjacket formula can be imposed, Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551 (558). (Indian Penal Code, 1860, s. 376)--the expression 'adequate and special reasons'[ indicates that it is not enough to have special reasons, nor adequate reasons disjunctively. There should be a conjunction of both for enabling the court to invoke the discretion. Reasons which are general or common in many cases cannot be regarded as special reasons, Kamal Kishore v. State of Himachal Pradesh, AIR 2000 SC 1920 (1925). [Penal Code, 1860, s. 376(2), proviso]Means t...
factorise
to resolve into factors as of a polynomial same as factorize...
robbery
robbery pl: -ber·ies [Anglo-French robberie roberie, from Old French, from rober to take something away from a person by force] : the unlawful taking away of personal property from a person by violence or by threat of violence that causes fear : larceny from the person or immediate presence of another by violence or threat of violence and with intent to steal aggravated robbery : robbery committed with aggravating factors (as use of a weapon, infliction of bodily injury, or use of an accomplice) armed robbery : robbery committed by a person armed with a dangerous or deadly weapon simple robbery : robbery that does not involve any aggravating factors ...
battery
battery [Old French batterie beating, from battre to beat, from Latin battuere] : the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim compare assault aggravated battery : criminal battery that is accompanied by aggravating factors: as a : criminal battery that causes or is intended to cause serious bodily injury esp. through the use of a dangerous weapon b : criminal battery committed on a protected person (as a minor or a police officer) compare simple battery in this entry NOTE: Aggravated battery is usually classified as a felony. sex·u·al battery : intentional and offensive sexual contact and esp. sexual intercourse with a person who has not given or (as in the case of a child) is incapable of giving consent ;broadly : forced or coerced contact with the sexual parts of either the victim or the perpetrator see also rape NOTE:...
Disease
Disease, means an impairment or the normal state or the living animal that interrupts or modifies the performance of the vital functions being a response to environmental factors (as malnutrition, industrial hazards, or climate) or to specific infective agents (as worms, bacteria, or viruses) or to inherent defects of the organism (as various genetic anomalies) or to combinations of these factors, State of Goa v. Colfox Laboratories Ltd., (2004) 9 SCC 83: AIR 2004 SC 45(50).Means cattle plague or rinderpest, contagious pleuro-pneumonia of cattle, foot and mouth disease, sheep-pox, sheep scab or swine fever. Animal Health Act, 1981 (UK) Halsbury's Laws of England (2), para 484, p. 247....
assault
assault [Old French assaut, literally, attack, ultimately from Latin assultus, from assilire to leap (on), attack] 1 : the crime or tort of threatening or attempting to inflict immediate offensive physical contact or bodily harm that one has the present ability to inflict and that puts the victim in fear of such harm or contact compare battery 2 : the crime of assault accompanied by battery ;specif : sexual assault in this entry called also assault and battery aggravated assault : a criminal assault accompanied by aggravating factors: as a : a criminal assault that is committed with an intent to cause or that causes serious bodily injury esp. through the use of a dangerous weapon b : a criminal assault accompanied by the intent to commit or the commission of a felony (as rape) compare simple assault in this entry assault with intent : a criminal assault committed with the intent to commit another specified crime [assault with intent to rob] [assault with intent to kill] civ...
deflator
a statistical factor designed to remove the effect of inflation inflation adjusted variables are in constant dollars as the GNP deflator...
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