Licence - Law Dictionary Search Results
Theatre
Theatre, a place kept for the public performance of stage-plays (see STAGE-PLAY), which expression includes 'every tragedy, comedy, farce, opera, burletta, interlude, pantomine, or other entertain-ment of the stage.' By the Theatres Act, 1843 (6 & 7 Vict. c. 68), such a place may not be had or kept without a licence from the Lord Chanberlain of the Household of the sovereign in the metropolis, and from the justices of the peace elsewhere, s. 2 of the Act enacting that:-2. It shall not be lawful for any person to have or keep any house or other place of public resort in Great Britain, for the public performance of stage plays, without authority by virtue of letters-patent from Her Majesty, her heirs and successors, or predecessors, or without licence from the Lord Chamberlain of Her Majesty's household for the time being, or from the justices of the peace as hereinafter provided; and every person who shall offend against this enactment shall be liable to forfeit such sum as shall be awa...
Duly licensed
Duly licensed, means (a) he does not hold a licence, (b) he holds a fake licence, (c) he holds a licence but the validity thereof has expired, (d) he does not hold a licence for the type of vehicle, National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 (Motor Vehicle Act, 1988)....
Game
Game [fr. gaman, Sax.], all sorts of birds and beasts that are objects of the chase. The term is defined by the Game Act, 1831 (1 & 2 Wm. 4, c. 32), as including for the purposes of that Act 'hares, pheasants, partridges, grouse, heath or moor-game, black game, and bustards'; but some of its provisions are directed to trespass in pursuit of woodcocks, snipes, quails, land rails, and coneys.At Common Law game belongs to a tenant and not to a landlord, but leases frequently contain a reservation of the game to the landlord, and before the Game Act, 1831, the right to kill game was restricted to freeholders having 100l. a year freehold, or leaseholders having a 99 years' leasehold of 150l. a year, etc. This Act repeals the (English) Qualification Act of 22 & 23 Car. 2, c. 25, and (after giving the game to landlords in the case of leases made before the Act for less than 21 years-a provision now expired) protects reservations of game by penal provisions. The Act also requires all persons k...
Subject to
Subject to, is an expression whereby limitation is expressed. The order is conclusive for all purposes, Ashok Leyland Ltd. v. State of Tamil Nadu, (2004) 3 SCC 1: (2004) 1 SCALE 224.Means 'under the condition that: we accept, subject to her agreement, Collin's English Dictionary, See also M.V. Shankar Bhat v. Claude Pinto, AIR 2004 SC 636.Means in case of a contract if it is intended that it would be operative subject to the execution of a former contract, there would be no concluded contract until such a condition was completed, Winn v. Bull, (1877) 7 Ch D 29.Means liable, subordinate, subservient, inferior, obedient to: governed or affected by: provided: answerable for, Black's Law Dictionary, 5th Edn., p. 1278.Means payment of debts etc., does not make the legatee personally liable, Re Cowley, 531 LT 494.Means subservient, inferior, obedient to; governed or affected by; provided that; answerable for, Black's Law Dictionary, 5th Edn., p. 1278.Means this expression introduces a condit...
New article
New article, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means--(a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;(b) any article which bears a mark as defined in the Trade Marks Act, 1940, or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (dd)]...
Licensee
Licensee, a person to whom a licence has been granted.Clause (h) of s. 2 of the Electricity Act, 1910 defines a 'Licensee' to mean any person licensed under Part II to supply energy, State of Uttar Pradesh v. Hindustan Aluminium Corpn., AIR 1979 SC 1459: (1979) 3 SCR 709: (1979) 3 SCC 229. Electricity Act, 1910, s. 2 (A).A licensee is one who is in occupation under a subsisting agreement for licence. The agreement for licence must be subsisting on the date on which he claims to be a licensee, Ludhichem Agencies v. Ahmed R. V. Peer Mohamed, AIR 1981 SC 1998: (1982) 1 SCR 712: (1981) 4 SCC 273.It means a person licensed under Part II of the Indian Electricity Act, 1910 to supply energy or a person who has obtained sanction under section 28 of that Act to engage in the business of supplying energy (but does not include the Board or a Generating company). [Electricity Regulatory Commissions Act, 1998 (14 of 1998), s. 2 (l)]Means any person licensed under sub-s. (1) of s. 4 of the Indian Te...
Fixed fee
Fixed fee, the term 'licence fee' or the term 'fixed fee' in the context of the Uttar Pradesh Excise Act, the Ordinance with its preamble and the Excise (Amendment) Rules, connotes the idea of payment of a sum by a person to the grantor of a licence as consideration for conferring upon such person by the grant of shop-licence, the exclusive privilege or right to carry on certain activities in respect of country liquor, or foreign liquor or intoxicating drug, within any local area of Uttar Pradesh State, the carrying of which activities would have been otherwise the exclusive privilege or right of the grantor (Government), State of Uttar Pradesh v. Sheopat Rai, 1994 Supp (1) SCC 8: AIR 1994 SC 813. [U.P. Excise Act (40 of 1910) s. 24A (as inserted by U.P. Excise (Amendment) Ordinance, 1972)]...
Hawkers and pedlars
Hawkers and pedlars, persons who carry their goods from place to place for sale. In 1810 (50 Geo. 3, c. 41), imposed a licence duty on them and made various provisions in regard to their trade. After many amending Acts (see, e.g., 52 Geo. 3, c. 108, 26 & 27 Vict. c. 18, Sched. B, 22 & 23 Vict. c. 36) the (English) Hawkers Act, 1888 (51 & 52 Vict. c. 33), has regulated the business of hawkers, defining, for the purposes of the Act, a hawker as a person who travels about selling or exposing samples with a horse or other beast bearing or drawing burden, the Pedlars Act, 1871 (34 & 35 Vict. c. 96), for regulating the business of peddlers, having already defined a peddler for the purposes of that Act as a person traveling about selling or procuring orders for goods or selling his skill in handicraft, without a horse, etc. see Woolwich Local Board v. Gardiner, (1895) 2 QB 497.A hawker's licence costs 2l. a year, and except by way of renewal of a licence for the year immediately preceding, is...
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
Non-obstante
Non-obstante (notwithstanding), a licence from the Crown to do that which could not be lawfully done without it. Also, a clause frequent in statutes and letters-patent, importing a licence from the Crown to do a thing, which by Common Law might be done, but, being restrained by Act of Parliament, could not be done without such licence, Plowd. 501.But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary pro...
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