Indicated - Law Dictionary Search Results
Home Dictionary Name: indicated Page: 3 Page 3 of about 568 results (0.002 seconds)Registered proprietor
Registered proprietor, in relation to a geographical indication, means any association of persons or of producer or any organisation for the time beingentered in the register as proprietor of the geographical indication. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(n)]In relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design. [Semiconductor Integrated Circuits Layout-Design Act, 2000, s. 2 (o)]In relation to a trademark, means the person for the time being entered in the register as proprietor of the trademark. [Trade Marks Act, 1999, s. 2 (1) (v)]Means a trade mark which is actually on the register and remaining in force. [Trade Marks Act, 1999, s. 2(1)(w)]...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Postage stamp
Postage stamp, the expression means any stamp provided by the Central Government for denoting postage or other fees or sums payable in respect of postal articles under this Act, and includes adhesive postage stamps and stamps printed, embossed, impressed or otherwise indicated on any envelope, wrapper, postcard or other article. [Indian Post Office Act, 1898 (6 of 1898), s. 2 (g)]...
Persons
Persons, the expression 'persons' undoubtedly includes natural persons. The class of such taxable persons has been indicated by the Legislature with reference to their occupational activity. Thus, in order to be authorised, a tax under cl. (b) of s. 61(1) must satisfy two conditions: First, it must be a tax on 'persons', Second, such persons must be practising any profession or art or carrying on any trade or calling in the municipality, Munshi Ram v. Municipal Committee, AIR 1979 SC 1250 (1252): (1979) 3 SCC 83: (1979) 3 SCR 463....
Lloyd's Register
Lloyd's Register, the abbreviated title of 'Lloyd's Register of British and Foreign Shipping,' published annually by Lloyd's Registry. The register contains an alphabetical list of all British ships, and such foreign ships as are classed in the Register, classified according to type, materials, state of repair, etc., the classification being indicated by letters and numerals. Ships intended for classification are built under the inspection of Lloyd's surveyors or in accordance with rules published by the Registry....
Persona designata
Persona designata, a persona designata, is 'a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.' (See Osborn's Concise Law Dictionary, 4th Edn., p. 253). In the words of Schwabe, C.J. In Parthasarathi Naidu v. Koteswara Rao, ILR 47 Mad 369: (AIR 1924 Mad 561) (FB), personae designate are 'persons selected to act in their private capacity and not in their capacity as Judges', Central Talkies v. Dwarka Prasad, AIR 1961 SC 606 (609): (1961) 3 SCR 495; see also Mukri Gopalan v. Cheppilat, (1995) 5 SCC 5: AIR 1995 SC 2272.Persona designata, connotes person pointed out by name or other personal description in contradis-tinction to one whose identity is to be ascertained by the office which he holds. So then, where a person is indicated in statute not by name but by an official designation a question will arise whether the intention was to single him out as a persona designata, Ram Chandra ...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Necessary to satisfy the decree
Necessary to satisfy the decree, indicated the legislative intent that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation, Balkrishnan v. Melayanda Konarke, (2006) 3 SCC 49....
Said period
Said period, the words 'the said period' occurring in the paragraph must refer to the period indicated in the permit and not to the period mentioned in the Visa, State v. Mahmadkhan Navrangkhan, AIR 1959 Bom 359 (362). (Foreigners Order, 1948, para 7)...
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