Licensee - Law Dictionary Search Results
Home Dictionary Name: licensee Page: 4Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
social guest
social guest : a person who comes onto the property of another on a social basis NOTE: A social guest can be either a licensee or an invitee. Some jurisdictions make no distinction, in effect categorizing all social guests as invitees, which means that the property owner is required to exercise due care in guarding or warning any social guest against injury. In other jurisdictions a social guest may be categorized as a licensee, in which case the property owner has a duty only to refrain from willfully or recklessly injuring or endangering the guest. ...
trespasser
trespasser : one who trespasses ;esp : one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent compare invitee, licensee NOTE: The general rule is that the owner or possessor of real property has the duty merely to refrain from willfully, wantonly, or recklessly injuring a trespasser whose presence is known. This rule is usually applied to licensees as well, although a licensee is usually owed a higher degree of care when an entrance fee is charged or when active operations (as of machinery) are taking place on the property. ...
Buyer
Buyer [fr. bycgan, bohte, A. S.; bygge, O. E.; to purchase for money] a purchaser. See CAVEAT EMPTOR.Means a person who buys or agrees to buy goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (1)]Means whoever buys any goods or receives any services from a supplier for consideration. [Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (32 of 1993), s. 2 (c)]--'Buyer' would mean where a person by virtue of the payment gets a right to receive specific goods and not where he is merely allowed/permitted to carry on business in that trade, Union of India v. Om Prakash S. S. and Co., AIR 2001 SC 1202: (2001) 3 SCC 593. [Income-tax Act (43 of 1961), s. 206(c)] Means any generating company or licensee or consumer whose system receives electricity from the system of generating company or licensee, Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, Reg. 2(h).Means whoever buys any goods or receives any services from a ...
Consumer
Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...
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...
Supply
Supply, in relation to electricity, mean the sale of electricity to a licensee or consumer. [Electricity Act, 2003 (36 of 2003), s. 2(70)]The amount of goods produced or available at a given price, Black's Law Dictionary, 7th Edn., p. 1453.The word 'supply' used in the charging s. 3 should, receive liberal interpretation to include sale or consumption of electricity as envisaged in Entry 53 of the State List of the Constitution of India, Indian Aluminum Co. v. State of Kerala, AIR 1996 SC 1431 (1437). [Kerala Electricity Surcharge Levy and Collection Act (22 of 1989), s. 3]Supply, in relation to electricity, means the sale of electricity to a licensee or consumer. [Electricity Act, 2003, s. 2(70)]Means supply of gas by means of pipelines but does not include distribution. [Gujarat Gas (Regulation of Transmission Supply and Distribution) Act, 2001, s. 2(t)]...
Wheeling
Wheeling, means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under s. 62. [Electricity Act, 2003 (36 of 2003), s. 2(77)]...
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)]...
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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