Kers - Law Dictionary Search Results
Home Dictionary Name: kers Page: 3Same transaction
Same transaction, between a series of acts seems to be an essential ingredient for those acts to constitute the same transaction, State of Andhra Pradesh v. Cheemalapati Ganeswara Rao, AIR 1963 SC 1850: (1963) 2 Cr LJ 671.Means in order that a series of acts be regarded as parts of 'the same transaction', they must be connected together in some way, for instance, by proximity of time, unity of place, unity or continuity of purpose or design, or continuity of action. Proximity of time and unity of place are not essential, though they furnish good evidence of what unites several acts. If any of these things happens and the whole process is begun over again, it is not the same transaction but a new one, in spite of the fact that the same general purpose may continue, Shapurji Sorabji v. Emperor, AIR 1936 Bom 154; Debi Prasad v. Emperor, 212 IC 135: Raj Kishore Tewari v. Rex, AIR 1949 All 139; Faiz Mohammad v. Emperor, (1945) ILR 1945 Ker 100.Same transaction, suggests a continuity of acti...
Second offence
Second offence, the word 'second' in the ex-pression 'second offence' in s. 16(1) of the Prevention of Food Adulteration Act, 1954, means second in time, and not second of the same type. The 'second offence' must be an offence under the Act although it is says that if any person does any of the acts mentioned in cls. (a) to (g) in it, he shall be punishable for the first offence with a certain penalty, for the second offence with a higher penalty and for the third a still higher penalty, Jagdish Prasad v. State of U.P., AIR 1966 SC 290 (292): (1965) 3 SCR 806. See also AIR 1960 Ker 240 (241). [Prevention of Food Adulteration Act, 1954, s. 16(1)]The words 'second offence' must, mean any act which is an offence under any of the clauses in the sub-s. which has been done later in point of time after a conviction for an offence under the Act, no matter whether the acts or omissions constituting the two offences are of the same type or not, Jagdish Prasad v. State of Uttar Pradesh, AIR 1986 ...
Security
Security, is anything that makes the money more assured in its payment or more readily recoverable as distinguished from e.g. a mere IOU which is only evidence of a debt. The word is not confined to a document which gives a charge on specific pro-perty but includes personal securities for money, Chetumal v. Noorbhoy, AIR 1928 Sind 89: 107 IC 213.Security, it may range from a mere personal bond or promissory note or guarantee, or even a mere pledge of something of no intrinsic value, to a mortgage of property from out of which the money can be realised, AIR 1963 Ker 128 (134). (T.P. Act, 1882, s. 134)Means 'a mortgage, charge, pledge, bond, deben-ture, indemnity, guarantee, bill, not or other right provided by the debtor....or at his request......to secure the carrying out of the obligations of the debtor....under the agreement, Wilson v. First Country Trust Ltd., (2001) LR 407 (QB). [Consumer Credit Act, 1974 (C39), ss. 189(1)]Means an instrument which guarantees the certainty of some ...
Seminary
Seminary, run by the petitioners are mainly institutions for the training of candidates for the priesthood or ministry, Social SG of Assisi Sisters v. K.S.E.B., (1988) 1 Ker LT 727....
Silk
Silk, means natural or real silk, or something of which natural or real silk is a component, AIR 1958 Ker 149 (151)....
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Such other person
Such other person, includes an advocate, V.C. Madhavan v. V. Bharathan, (1995) 1 Ker LJ 465....
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Supersede
Supersede, means 'to take the place of by reason of superior right, to make useless by superior power, to replace, to set aside, Food Inspector v. Hameed, (1983) Ker LT 901: (1983) FAJ 443: (1984) 1 FAC 41.The word 'supersede' in law, means 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal', Calcutta Municipal Corporation v. Pawan Kumar Saraf, AIR 1999 SC 738 (740): (1999) 2 SCC 400. [Prevention of Food Adulteration Act, 1954, s. 13(3)(5) Proviso]1. To annual, make void, or repeal by taking the place of 2. To invoke or make applicable the right of supersedeas against an award of damages, Black's Law Dictionary, 7th Edn., p. 1452....
Tamper
Tamper, means to alter for an improper purpose or in an improper way, Kerala Public Service Commission v. Santhamma, 1987 (1) Ker LT 75.Means to meddle so as to alter (a thing) especially, to make changes that are illegal, corrupting, or preventing, Black's Law Dictionary, 7th Edn., p. 1468....
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