Intent To Use - Law Dictionary Search Results
Home Dictionary Name: intent to use Page: 2Heirs and children used in same instrument
Heirs and children used in same instrument, means where said words are used in same instrument in speaking of the same persons, the word heirs to be construed to mean 'children'. Such usage being treated as sufficient evidence of intention to use the word 'heirs' in sense of 'children', Beuj Berry Apartment Pvt. Ltd. v. Shobha, (2006) 9 JT 404: (2006) 10 SCALE 596: (2006) 8 SLT 241....
Unauthorised use
Unauthorised use, the word 'unauthorised use' in the section does no import any idea of prohibition. The intention of the law clearly is to obtain payment for water used; and the fact that the rates prescribed may be high cannot alter this position, Jawala Ram v. State of Pepsu, AIR 1962 SC 1246 (1248): (1962) 2 SCR 503. [Northern India Canal and Drainage Act, 1873, s. 15]...
Overt
Overt, open. The expression overt act means an act which shows the intention of the party doing it. It is used principally in connection with treason and conspiracy. A treasonable intention is not punish-able unless it is manifested by an overt act. In the same way conspirators may make their criminal purposes clear by some overt act, such as an agreement to further their common design. Overt word means a word the meaning of which is clear and beyond doubt, and see MARKET OVERT....
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
Trafficking in trade marks
Trafficking in trade marks, to get a trade mark registered without any intention to use it in relation to any goods but merely to make money out of it by selling to others the right to use it as a commodity would be trafficking in trade mark. A trade mark is meant to distinguish the goods made by any person from those by another, American Home Products Corpn. v. Mac. Laboratories Pvt. Ltd., AIR 1986 SC 137: 1985 Supp (3) SCR 264: (1986) 1 SCC 465....
Prior or previous
Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.The word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it but there are no such compelling circumstances justifying reading any such implication into s. 29(1). On the other hand, the indications are all to the contrary. On a perusal of the several, different sections of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1) and 30, it is to be seen that the expression 'permission' is qualified by the word 'previous' and in ss. 8(1), 8(2) and 31, the expression 'general or special permission' is qualified by the word 'previous', whereas in s.s 13(2), 19(1), 19(4), 20, 21...
Wilful
Wilful, deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing, Dictionary of Law by L.B. Curzon, p. 361. See also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means 'governed by Will without yielding to reason or without regard to reason; obstinately or perversely self-willed, Webster's Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means intentional; not incidental or involuntary.Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently;In common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary, Word and Phrases, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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...
Leave
Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and...
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