Foreign Enterprise - Law Dictionary Search Results
Home Dictionary Name: foreign enterpriseForeign enterprise
Foreign enterprise, a 'foreign enterprise' is an enterprise situate in a foreign country having been created or registered in accordance with the law of such country, Petron Engineering Construction P. Ltd. v. Central Board of Direct Taxes, AIR 1989 SC 501: (1989) Supp 2 SCC 7: (1988) Supp 3 SCR 1058. [Income Tax Act, 1961, s. 80-O]...
Concession
Concession, the common dictionary meaning of the word 'concession' is 'the act of yielding or conceding as to a demand or argument, something conceded; usually implying a demand, claim, or request, 'a thing yielded', 'a grant', Indian Aluminium Co. Ltd. v. Thane Municipal Corpn., 1992 Supp (1) SCC 480: AIR 1992 SC 53 (57). [Maharashtra Municipalities (Octroi) Rules (1968), R. 4(2)]1. The voluntary yielding to a demand for the sake of a settlement 2. International Law. A contract in which a country transfers some rights to a foreign enterprise, which then engages in an activity (such as mining) contingent on State approval and subject to the terms of the contract, Black's Law Dictionary, 7th Edn.Is a thing that is conceded, a gesture made in recognition of demand or prevailing standard, a reduction in price for certain category of person, Arun Kumar v. Union of India, 2006 (12) JT 121 [As per Concise Oxford English Dictionary]...
Enterprise
Enterprise, means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control or articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions of subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space.Explanation.--For the purposes of this clause,--(a) 'activity' includes profession or occupation;(b)...
joint enterprise
joint enterprise 1 : joint venture 2 : an undertaking of two or more parties for a common purpose in which each shares a common interest and an equal right of control (as of a vehicle) NOTE: In regard to a tort involving such an enterprise, a third party may impute negligence of one party (as a driver) to another in the enterprise. ...
Enterprising
Having a disposition for enterprise characterized by enterprise resolute active or prompt to attempt as an enterprising man or firm...
Foreign judgment
Foreign judgment, it is a well established pro-position in Private International law that unless a foreign Court has jurisdiction in the international sense, a judgment delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975) 1 SCR 57.Means the judgment of a foreign Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (6)]--A foreign judgment, i.e., a judgment of a foreign court, stands on a very different footing from a judgment of a court of this country. It cannot be enforced here by execution like an English judgment; it can only be enforced by bringing an action on it as if it were a contract, which of course it is not, though it is convenient to treat it as such. It is not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be made in favour of...
Enterprise
That which is undertaken something attempted to be performed a work projected which involves activity courage energy and the like a bold arduous or hazardous attempt an undertaking as a manly enterprise a warlike enterprise...
Foreign contribution
Foreign contribution, means the donation, delivery or transfer made by any foreign source--(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift, does not exceed one thousand rupees.(ii) of any currency, whether Indian or foreign;(iii) of any foreign security as defined in clause (i) of s. 2 of the Foreign Exchange Regulation Act, 1973. [Foreign Contribution (Regulation) Act, 1976 (49 of 1976), s. 2(1)(c)]...
Foreign exchange derivative contract
Foreign exchange derivative contract, means a financial transaction or an arrangement in what-ever form and by whatever name called, whose value in derived from price movement in one or more underlying assets, and includes:-(a) a transaction which involves at least one foreign currency other than currency of Nepal or Bhutan, or(b) a transaction which involves at least one interest rate applicable to a foreign currency not being a currency of Nepal or Bhutan, or(c) a forward contract, but does not include foreign exchange transaction for Cash or Tom or Spot deliveries. [Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000, Reg. 2 (v)]...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
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