Intent To Use - Law Dictionary Search Results
Home Dictionary Name: intent to use Page: 4 Page 4 of about 102 results (0.004 seconds)Migrated
Migrated, The word 'migrated' is capable both of a narrower meaning as well as of a wider meaning. In its narrower connotation it means going from one place to another with the intention of residing permanently in the latter place; in its wider connotation it simply means going from one place to another whether or not with any intention of permanent residence in the latter place. In Webster's dictionary (Second Edition, 1937), the word 'migrate' means 'to go from one place to another; especially to move from one country, region or place of abode or sojourn to another, with a view to residence; to move.' Corpus Juris Secundum published in 1948 gives the same meaning except that it adds one more meaning namely, 'to change one's place of residence', Kulathil Mammu v. State of Kerala, AIR 1966 SC 1614 (1616): (1966) 3 SCR 706. [Constitution of India, Art. 7]The word 'migrated' was capable of two meanings. In its narrower connotation it meant going from one place to another with the intenti...
Wilfully
Wilfully, 'wilfully' as used ins. 477A of the Indian Penal Code, 1860 means 'intentionally' or 'deliberately'. Intent to defraud contains two elements viz., deceit and injury. A person is said to deceive another when by practising 'suggestion falsi' or 'suppressio veri' or both he intentionally induce another to believe a thing to be true, which he knows to be false or does not believe to be true, S. Harnam Singh v. State (Delhi Admn.), AIR 1976 SC 2140: (1976) 2 SCC 819. (Penal Code, 1860, s. 477A)Pre-supposes a conscious action, while even by negligence one can allow another to do a thing, Om Prakash Gupta v. State of Uttar Pradesh, AIR 1957 SC 458 (464). (Penal Code, 1860 s. 405)Wilfully, means deliberately and intentionally, R. v. Senior, (1899) 1 QB 283: 68 LJ QB 175....
Will
Will, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. [Indian Succession Act, 1925 (39 of 1925), s. 2 (h)]The definition of 'will' in s. 2 (h) of the Indian Succession Act 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death, Mahalinga Thambiran Swamiga v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiran Swamigal, AIR 1974 SC 199 (203): (1974) 1 SCC 150: (1974) 2 SCR 74.Will is a translation of the Latin word 'voluntas', which was a term used in the text of Roman law to express the intention of a testator. It is of significance that the abstract term has come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (Willi...
dedication
dedication : a giving up of property to public use that precludes the owner from asserting any further interest in it: as a : an intentional donation of land for public use that is accepted by the proper public authorities b : intentional or negligent surrender to the public of intellectual property that could have been protected by copyright or patent ...
False pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
Must or shall
Must or shall, If the legislative intent is expressed clearly and strongly in imperative words, such as the use of 'must' instead of 'shall', that will itself be sufficient to hold the provision to be mandatory, and it will not be necessary to pursue the enquiry further. If the provision is couched in prohibitive or negative language, it can rarely be directory, the use of peremptory language in a negative form is per se indicative of the intent that the provision is to be mandatory, Lachmi Narain v. Union of India, AIR 1976 SC 714 (726): (1976) 2 SCC 953: (1976) 2 SCR 785....
Declaration of trust
Declaration of trust. To prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53 of the (English) Law of Property Act, 1925, reproducing and amending the (English) Statute of Frauds (29 Car. 2, c. 3), ss. 7, 8 and 9, requires that a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust, or by his will, and (1) a disposition of an equitable interest or trust, subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by his agent thereunto lawfully authorized in writing or by will; (2) this section does not affect the creation of resulting, implied or constructive trusts.It appears that this statute does not extend to the declaration or creation of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust should be ir...
Intentioned
Having designs chiefly used in composition as well intentioned having good designs ill intentioned having ill designs...
Dishonestly
Dishonestly, The word dishonestly is defined by s. 24 of Indian Penal Code. A person who does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, Dr. S. Dutt v. State of Uttar Pradesh, AIR 1966 SC 523: (1966) 1 SCR 493.A person is said to do a thing dishonestly when he does anything with the intention of causing wrongful gain to one person or wrongful loss to another person. In the case of illegal seizures and impounding of cattle, the person seizing the cattle does not gain anything. He simply takes the cattle to the pound. He does not use them for his purpose, Ramratan v. State of Bihar, AIR 1965 SC 926 (931). (Penal Code, 1860, s. 378: Cattle Trespass Act, 1871, s. 10)--Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss of another person, is said to do that thing dishonestly (Indian Penal Code, 1860, s. 24)....
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
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