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Home Dictionary Name: follow Page: 6 Page 6 of about 969 results (0.002 seconds)Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
Ejusdem generis
Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Debita sequuntur personam debitoris
Debita sequuntur personam debitoris [Lat.], Debts follow the person of the debtor....
Dealer, auction
Dealer, auction, a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them, Auctions (Bidding Agreements) Act, 1927, s. 1(2) (UK), Halsbury's Laws of England (2), para 944, p. 461.means a person carrying on the business of selling fertilisers, whether wholesale or retail (or industrial use), and includes a manufacturer and a pool-handling agency carrying on such business and the agents of such person, manufacturer or pool-handling agency, State of Punjab v. Gunomajra Cooperative Agriculture Service Society Ltd., (2000) 9 SCC 210.There is nothing either in the main definition in s. 2(5) or in the Explanation of the Orissa Taxation (on Goods Carried by Road and Inland Water ways) Act, 1959 to suggest that the manager or agent of the dealer (principal) should have his own business within the State of Orissa before he could be proceeded against or assessed under the Act. It would be sufficient if the manager...
Melius [or Ssatius] est petere fontes quam sectari rivulos
Melius [or Ssatius] est petere fontes quam sectari rivulos.-(It is better to go to the fountainhead than to follow streamlets.) See COMPENDIA...
Meaning of words
Meaning of words, The rule is that when general words follow particular and specific words of the same nature, the general words must be confined to the things of the same kind as those specified, Kavalappara Kottarathil Kochuni v. States of Madras and Kerala, AIR 1960 SC 1080: (1960) 3 SCR 887...
Servitia personalia sequuntur personam
Servitia personalia sequuntur personam (2 Inst. 374), personal services follow the person....
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