Genuine Use - Law Dictionary Search Results
Home Dictionary Name: genuine use Page 1 of about 12 results (0.004 seconds)Genuine use
Genuine use, where use is a mere sham, is formalis-tic or notional, where it is empty of substance and directed solely at avoiding revocation and does not serve to carve out an opening in the market for the goods and services to which it relates, that use does not constitute genuine use. Examination of the various language versions of the directive (the Dutch version uses the term 'normal', the French has 'usage serieux' the Portuguese, 'uso serio', the English 'genuine use', and the German, 'ernsthafte Benutzung'; the Italian uses the same adjective as the Spanish: 'effettivo') leades to the conclusion that the kind of use intended is what may be described as 'sufficient', Ansul BV v. Ajax Brandbeveiliging BV, (2004) 3 WLR 1048 (EC)...
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
forged
Not genuine counterfeit used mostly of signatures and documents See forge v t 4...
attest
attest [Latin attestari, from ad to + testari to call to witness, from testis witness] vt : to bear witness to : affirm to be true or genuine ;specif : to authenticate (as a will) by signing as a witness vi : to bear witness : testify often used with to at·tes·ta·tion [a-tes-tā-shən] n ...
come forward
come forward : to make a presentation of something to the court usually used with with [must come forward with materials to show that there is a genuine issue of fact "J. H. Friedenthal et al."] [coming forward with the evidence] ...
Need and require
Need and require, the words 'need' and 'require' both denote a certain degree of want with a thrust within demanding fulfilment. 'Need' or 'requirement' qualified by word 'bona fide' or 'genuine' preceding as an adjective - is an expression often used in Rent Control Laws, Shiv Sarop Gupta v. Mahesh Chand Gupta, AIR 1999 SC 2507 (2512): (1999) 6 SCC 222....
Benami
Benami, the word 'benami' issued to denote two classes of transactions which differ from each other in their legal character and incidents. In one sense, it signifies a transaction which is real, as for example, when A sells properties to B but the sale deed mentions X as the purchaser. Here the sale itself is genuine, but the real purchaser is B, X being his benamidar. This is the class of transactions which is usually termed as benami. But the word 'benami' is also occasionally used, perhaps not quite accurately, to refer to a sham transaction, as for example, when A purports to sell his property to B without intending that his title should cease or pass to B. The fundamental difference between these two classes of transactions is that whereas in the former there is an operative transfer resulting in the vesting of title in the transferee, in the latter there is none such, the transferor continuing to retain the title notwithstanding the execution of the transfer deed. It is only in ...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Cheats
Cheats, deceitful practices, in defrauding on endeavouring to defraud another of his known rights, by means of some artful device, contrary to the plain rules of common honesty; as by playing with false dice, by causing an illiterate person to execute a deed to his prejudice, or reading it over to him in words different from those in which it is written; selling one commodity for another, or using false weights and measures, and the like, 1 Hawk. 188. 'If a person in the course of his trade or business, openly and publicly carried on, put a false mark or token upon an article so as to pass it off as a genuine one, when in fact it is only a spurious one, and the article is sold and money obtained by means of that false mark or token, that will be a cheat at Common Law.'-Per Cockburn, C.J., in R. v. Closs, (1857) 27 LJ MC 54. See also R. v. Vreones, (1891) 1 QB 360; R. v. Hamilton, 1901 (1) KB 740.Cheating at play is punishable in like manner as obtaining money by false pretences under t...
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