Fairly Based - Law Dictionary Search Results
Home Dictionary Name: fairly basedFairly based
Fairly based, a claim is fairly based on a provisional specification if, (1) what is claimed can be said to have been broadly described in the provisional specification; (2) there is nothing in the provisional specification inconsistent with what is claimed; and (3) the claim does not includes as a characteristic of the invention any feature as to which the provisional specification is wholly silent, Mond Nickel Co. Ltd.'s Application, (1956) RPC 189 (194); Imperial Chemical Industries Ltd.'s Application, (1960) RPC 223 (227). See also Halsbury's Laws of England, Vol. 35, para 322, p. 323....
rate base
rate base : the total fair value of public utility property that is used in rendering services and that comprises the investment on which a fair rate of return is based in setting utility rates ...
Fair comment
Fair comment. Fair comment on a matter of public interest is a good defence to an action of libel for words prima facie defamatory; but the defence will be of no avail if express malice is established, Thomas v. Bradbury, Agnew & Co., (1906) 2 KB 627. When the defence is one of fair comment the plaintiff is not entitled to particulars, Digby v. Financial News Ltd., (1907) 1 KB 502; but the defendant can administer interrogatories to the plaintiff, Walkr v. Hodgson, (1909) 1 KB 239. Whether words exceed the limit of 'fair comment' or not is a question for the jury, Dakhyl v. Labouchere, (1908) 2 KB 325 n. consult Odgers on Libel.A statement based on writers or speakers honest opinion about a matter of public concern; Black's Law Dictionary, 7th Edn., p. 616....
fair housing
fair housing Federal and state "fair housing" laws entitle home buyers, renters, and mortgage borrowers with protections against discrimination based on disability, gender, marital status, race, and sexual orientation (among other things). ...
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Markets and fairs
Markets and fairs. The right to hold a market or fair, i.e., to hold organized meetings of persons for the purpose of buying and selling, is derived from a royal grant either actual or to be presumed from long usage. Markets and fairs in large towns of modern growth are, however, frequently held under special Acts which incorporate the (English) Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14), or under the Public Health Act, 1875. The following Acts regulate markets and fairs:-Metropolitan Fairs Act, 1868; Fairs Acts, 1871 and 1873; Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891, and 1926. See Newcastle (Duke of) v. Workshop U.D.C., (1902) 2 Ch 145; and consult Pease and Chitty on Markets and Fairs. See FAIRS AND MANOR....
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
Fair and equitable
Fair and equitable, The words 'fair' and 'equitable' both mean 'just or unbiased' (see the Concise Oxford Dictionary, 4th Edn., p. 426 and p. 402). The words 'fair and equitable' must be given their due meaning and proper effect. The question then asked is - what meaning is to be given to the words 'such.......... as the lessor shall determine'. It is indeed true that these words constitute an adjectival clause to the expression 'fair and equitable enhancement', but we consider that the meaning of the adjectival clause is merely this: the lessor must first determine what it considers to be fair and equitable enhancement; but if in fact it is not so, it is open to the lessee to ask the Court to determine what is fair and equitable enhancement, Damodhar Tukaram Mangalmurti v. State of Bombay, AIR 1959 SC 639 (642): (1959) Supp 2 SCR 180....
fair-trade
fair-trade : to market (a commodity) in compliance with the provisions of a fair-trade agreement fair trade n fair trader n ...
Cattle fair
Cattle fair, the expression 'cattle fair' is not defined in the Act. The Legislature, when it did not furnish the definition of the expression 'cattle fair' must be deemed to have used the expression in its ordinary signification, as meaning, a periodical concourse of buyers and sellers in generally a place for sale and purchase of cattle at times or on occasions ordained custom, Municipal Committee v. State of Punjab, AIR 1969 SC 1100 (1104): (1969) 1 SCC 475. [Punjab Cattle Fairs (Regulation) Act, (6 of 1968)...
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