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Shall

the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that an act is obligatory or mandatory and it … a permissive interpretation is permissible, the statute ought to be construed as peremptory, G.C. Patel v. Agricultural Produce Market Committee, (1975) 2 SCC 482: Re Panchami, (1981) LW (Cr) 112. Shall, significance is mandatory. Unless the ordinary

Horses

Horses. The buying of stolen horses is attempted to be checked by 2 & 3 P. & M. c. 7 and 31 Eliz. c. 12, which require a record of sales at markets; see, as to … 31 Eliz. c. 12, which require a record of sales at markets; see, as to these Acts, Moran v. Pitt, (1873) 42 LJ QB 47. As to the limitation of the liability of railway and canal companies … and 31 Eliz. c. 12, which require a record of sales at markets; see, as to these Acts, Moran v. Pitt, (1873) 42 LJ QB

Trade allowance

rendered, it would not be a deduction from the price or in any transaction, M.C.V. S. Arunachala Nadar v. State of Madras, AIR 1959 SC 300 (308). (Madras Commercial Crops Markets Act, 1933, s. 14) … v. State of Madras, AIR 1959 SC 300 (308). (Madras Commercial Crops Markets Act, 1933, s. 14) … a particular payment is a trade allowance or not, depends upon the facts of each case. Firstly, it must be a deduction in any transaction in respect of commercial crops. If it is a deduction out of

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Escalation clause

Escalation clause, which takes care of the rise and fall of prices in the market, D.C.M. Mills Co. Ltd. v. Raj. State Electricity Board, (1986) 2 SCC 431: AIR 1986 SC 1126: (1986) … Escalation clause, which takes care of the rise and fall of prices in the market, D.C.M. Mills Co. Ltd. v. Raj. State Electricity Board, (1986) 2 SCC 431: AIR 1986 SC 1126: (1986)

False return

to condemn the return as a 'false' return inviting imposition of penalty, Cement Marketing Co. of India Ltd. v. Assistant Commissioner of Sales Tax, AIR 1980 SC 346: (1980) 1 SCC 71: (1980) 1 SCR 1098. [ … form of claim, see Bullen and Leake, Prec. Of Pl. A process server's or other court officials recorded misrepresentation that process was served, that some other action was taken, or that something is true, Black's Law Dictionary,

Goods

need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3d Cir 1991. Associated Cement Companies Ltd. v. Commissioner of Customs, AIR … Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an … or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need

Employee

the standing orders, Regional Provident Fund Commissioners v. Central Arecanut and Coca Marketing and Processing Co-operative Ltd., (2006) 2 SCC 381. Means any person (other … the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55. A person … Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work

State

exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677. In Article 3 of Constitution of India as amended by the … a body of people, Black's Law Dictionary, 7th Edn., p. 1415. The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was shown as to why the enlarged … Act, 2002, s. 2(4)] Means the State of Rajasthan. [Rajasthan Agri-cultural Produce Markets Act, 2005, s. 2(o)]

Way

Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers. 1. A passage or pat 2. A right to travel over another's property, … Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers. 1. A passage or pat 2. A right to travel … another a liberty of passing over his grounds, to go to church, market or the like, in which case the gift or grant is particular

Trader

distribution of films is that of buying and selling within the meaning of the word 'trade', Attar Hussain v. Fazli Brothers Ltd., AIR 1946 Bom 481: (1946) 48 Bom LR 377: 1946 Bom Rul 300. Means a … other purpose, except for the purpose of domestic consumption, Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (27 of 1966), s. 48. Means a person who … imports buying and selling of commodities and is not to be understood in a wide sense, as including manufacture. It cannot be said that the business of a film producer which is that of manufacture of films

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