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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...


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)]...


Quotas

Quotas, is for the purpose of informing the licensing authority that a particular person has been recognised as an established importer for import of certain things. Thereafter, it is for the licensing authority to issue a licence to the quota-holder in accordance with the licensing policy for the half-year with which the licence deals, Joint Chief Controller of Imports and Exports, Madras v. Amichand Mutha, AIR 1966 SC 478....


Refreshment House

Refreshment House, a house, etc., 'kept open for public refreshment, resort, and entertainment between 10 p.m. and 5 a.m.' (24 & 25 Vict.c. 91, s. 8), to keep which an Inland Revenue licence only is required, unless wine, etc., be sold therein, in which case a licence from the justices of the peace is required also. See also (English) Refreshment Houses Act, 1860 (23 & 24 Vict. c. 27), and 39 & 40 Vict. c. 16, s. 4, as to wine licences and subsequent (English) Licensing Acts, and 10 Edw. 7 & 1 Geo. 5, c. 24, s. 1, as to the certificates of justices. See PUBLIC-HOUSE CLOSING ACT; Chit. Stat., tit. 'Refreshment House....


Renewal

Renewal, Black's Dictionary, Sixth Edn., defines the word 'renewal' at p. 1299 thus: 'The act of renewing or reviving. A revival or rehabilitation of an expiring subject; that which is made a new or re-established. The substitution of a new right or obligation for another of the same nature. A change of something old to something new. To grant or obtain extension of.' In P. Ramanatha Aiyar's 'The Law Lexicon' (Reprint Edn. 1987), the word 're-newal' is defined at p. 1107 to mean 'a change of something old for something new'. The renewal of a 'licence' means 'a new licence granted by way of renewal'. The renewal of a negotiable bill or note is regarded simply as a prolongation of the original contract. The office of a 'renewal', as it is termed, of a life policy, is to prevent discontinuance or forfeiture. In Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: (SCC at p. 496) in para 14, this Court drew the distinction between the meaning of the words extension and renew...


Residence

Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...


Petroleum

Petroleum, includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other shales or other stratified deposits from which oil can be extracted by destructive distillation. [Petroleum (Production) Act, 1934 (UK)]Includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, whether or not it has undergone any processing; but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation. [Pipelines Act, 1962 (UK)]Petroleum, is an oily, inflammable liquid made up mostly of hydrocarbons compounds containing only hydrogen and carbon, the New Bank of Popular Science, Vol. 2; Special Reference No. 1 of 2001, In Re (2004) 4 SCC 489.Means liquid and gaseous hydrocarbons are so intimately associated in nature that it has become customary to shorten the expression 'petroleum and na...


Physician

Physician, one who professes the art of healing.The necessity of placing under supervision the practitioners of physic and surgery appears early in the statute-book; for by the still unrepealed 3 Hen. 8, c. 11, it is enacted, that no person within London or seven miles thereof, shall practise as a physician or surgeon without examination and licence of the Bishop of London or Dean of St. Paul's (duly assisted by the faculty); or beyond these limits without licence from the bishop of his diocese or his vicar-general similarly assisted, sav-ing the privileges of the Universities of Cambridge and Oxford. The superintendence of the bishops was taken away by a royal charter dated 23rd September, 1858 (10 Hen. 8), which incorporated the physicians. By 14 & 15 Hen. 8, c. 5, this charter was confirmed, and a perpetual college of physicians established with a constitution of eight elects, etc. The subsequent history of the college is sufficiently traced in 23 & 24 Vict. c. 66, which provides fo...


Property

Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...


Patent medicine

Patent medicine, A patent medicine means medicine in respect of which a patent is in force, Aphali Pharmaceuticals v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 2227.Patent or proprietary medicines are--(1) those enumerated in the schedule to the (English) Medicine Stamp Act, 1812; (2) all other medicines intended for human use and claimed to be made by a secret process or protected by letters-patent, or which have been advertised as beneficial to the prevention, cure, or relief of any ailment or disorder affecting the human body. Under the (English) Medicine Stamp Acts, 1802 and 1804, duties were imposed on each bottle or package according to the price. These duties are payable by the manufacturers and collected by means of labels of appropriate amounts, so affixed to the packages as to be destroyed when they are opened. The duties were doubled by the Finance Act, 1915: this increased rate has been continued from year to year. The schedule to the Act of 1812 exempts f...



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