Kers - Law Dictionary Search Results
Home Dictionary Name: kers Page: 2Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Kudiyiruppu
Kudiyiruppu, 'kudiyiruppu' means a holding or part of holding consisting of the site of any residen-tial building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such re-sidential building and easements attached thereto, but does not include a kudikidappu, Kuchiyan Govinda Swami v. Kalliani Amma Lakshmi Amma, AIR 1966 SC 1937 (1939): (1966) Supp SCR 135. [Kerala Land Reforms Act, 1963 (1 of 1964), s. 2(28)]Means a plot of ground can become a kudiyiruppu only when it forms or includes the site of a residential building. In other words, a vacant site not attached to a residential building will not be a kudiyiruppu, Sainavabu Umma v. Kunhammad, 1957 Ker LT 563: 1957 Ker LJ 503....
Injury
Injury, any damage done to another, either in his person, rights, reputation, or property, for which an action lies at law.Injury has been defined in s. 44 of the Penal Code as denoting 'any harm whatever illegally caused to any person, in body mind, reputation or property, S. Harnam Singh v. State (Delhi Admn), AIR 1976 SC 2140 (2145): (1976) 2 SCC 819. (Penal Code, 1860, s. 44)The word 'injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or propery. (Penal Code, 1860, s. 44)Injury, Black's Law Dictionary contains the definition for the word 'Injury' (at p. 706 in the 5th Edn.) as 'any wrong or damage done to another either to his person, rights reputation or property'. The alternative meaning given therein is: 'The invasion of any legally protected interest of another'.Injury as 'any harm whatever, illegally caused to any person in body, mind, reputation or property'. [See Indian Penal Code, 1860] word 'Injury' in s. 23 of the Contract Act shou...
Sthreeshwothu
Sthreeshwothu, is a tenure which creates a right in property to a group among 'Marumakkathayees', the line of succession being restricted to females alone, Sownini v. Sarada, 1979 Ker LT 930....
Ready
Ready, means willing, Nambarukandi Marakkar v. Nallithodi Thavalaparambil Appu, AIR 1991 Ker 1....
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Recovery of amount due
Recovery of amount due, means legally recoverable, John v. District Collector, 1989 2 Ker LT 831....
Repugnant
Repugnant, really means inconsistent with and when they cannot stand together at the same time and one law is inconsistent with another law when the command or power or provision in the one law conflicted directly with the command or power or provision in the other, Vishnu Battathiripad v. Pule Poulh, 1958 Ker LT 238: ILR 1957 Trav-Co. 670: 1958 Trav-Co. 327 (DB).Repugnant, that which is contrary to what is stated before. The rule of construction is that in a will the later of two contradictory clauses prevails, but in other writings the earlier. Conditions which are repugnant to a previous gift or limitation are void, Bradley v. Peixoto, (1797) 3 Ves 325; Britton v. Twining, (1817) 3 Mer 184; Stogdon v. Lee, (1891) 1 QB 661. See RESTRAINT ON ALIENATION.Inconsistent or irreconcilable with; contrary or contradictory to, Black's Law Dictionary, 7th Edn., p. 1306...
Requirement
Requirement, connotes that there should be an element of need, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272.Requirement, coupled with the word reasonable means that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity, Raghunath G. Panhale v. Chaganlal Sundarji, (1999) 8 SCC 1.Requirement, implies something more than mere wish or desire. It implies real need which should stand proved on an objective consideration of the facts which are relevant, Nabeesu v. Land Tribunal Cannanore, AIR 1985 NOC 52 (Ker)....
Salary
Salary, a recompense or consideration generally periodically made to a person for his service in another person's business; also wages, stipend, or annual allowance. See RECEIPT.An agreed compensation for services esp. pro-fessional or some professional services usu. paid at regular intervals on yearly basis, as distinguished from an hourly basis, Black's Law Dictionary, 7th Edn., p. 1337.The ancients derive the word from sal, salt (Plin. H.N. xxxi. 42)--the most necessary thing to support human life being thus mentioned as a representative of all others.The word 'salary' as used in clause (h) of s. 60 is meant to be confined to the emoluments of labourers and domestic servants. It makes a distinction between salary and the wages of labourers and domestic servants, Raghunandan Sahai v. Jaigobind Sahay, AIR 1942 Pat 194.The word 'salary' as used in proviso (1) to s. 60, Civil Procedure Code must be construed as meaning the total monthly emoluments to which a public servant is entitled, ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial