Ment - Law Dictionary Search Results
Home Dictionary Name: mentmentes reae
mentes reae pl of mens rea ...
Stay proceedings to carry out Arbitration agree-ment
Stay proceedings to carry out Arbitration agree-ment, the legal position with respect to the scope and meaning of s. 34 of the Arbitration Act admits of little doubt, the language of this s. being quite plain. When a party to an arbitration agreement commences any legal proceedings against any other party to the said agreement with respect to the subject-matter thereof, then the other party is entitled to ask for such proceedings to be stayed so to enable the arbitration agreement to be carried out. It is, however to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the court. It does not by itself impose any obligation on the court to stay the suit or to give any opportunity to the defendant to consider the question of enforcing the arbitration agreement, State of Uttar Pradesh v. Janki Saran Kailash Chandra, AIR 1973 SC 2071 (2075): (1973) 2 SCC 96: (1974) 1 SCR 31....
abridge
abridge abridged abridg·ing : to diminish or reduce in scope [no State shall make or enforce any law which shall the privileges and immunities of the citizens of the United States "U.S. Constitution amend. XIV"] abridg·ment or abridge·ment n ...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Charitable purpose
Charitable purpose, includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship. [Charitable Endow-ments Act, 1890 (6 of 1890), s. 2]Means relief of the poor, education, medical relief and the advancement of any other object of general public utility without the additive words 'not involving the carrying on of any activity for profit', Additional Commissioner of Income Tax v. Surat Art Silk Cloth Manufacturers Association, Surat, (1980) 2 SCR 77: (1980) 2 SCC 31: AIR 1980 SC 387.The definition of 'charitable purposes' in the West Bengal Estates Acquisition Act, 1953 follows, though not quite, the well-known definition of charity given by Lord Macnaghten in Commissioners for Special Purposes of Income Tax v. Pemsel, (1891) AC 531 (583), where four principal divisions were said to be comprised-trusts for the relief of poverty; trusts for ...
Complaint
Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...
Deposit-taker
Deposit-taker, means the person with whom the deposits which are invited by a deposit advertise-ment are to be made, Banking Act, 1984 (Advertise-ments) Regulation 1988, SI 1988/645 reg 1(3) Halsbury's Laws of England 3(1), para 31, p. 70....
Development Commissioners
Development Commissioners, means the Develop-ment Commissioner appointed for one or more Special Economic Zones under sub-s. (1) and s. 11 [Special Economic Zones Act, 2005 (28 of 2005) s. 2(h)]Eight persons so named can be appointed by the king, who also nominates the chairman, under s. 3 of the (English) Development and Road Improve-ment Funds Act, 1909 (9 Edw. 7, c. 47), as amended by the (English) Act of 1910 (10 Edw. 7 and 1 Geo. 5, c. 7); 10 & 11 Geo. 5, c. 72; 13 & 14 Geo. 5, c. 21. The Commissioners are appointed for the purposes of recommendation to the Treasury in regard to advances which the Treasury is empowered to make out of a fund to be called the Development Fund created and provided for by the (English) Act of 1909, for any of the following purposes:--(a) Aiding and developing agricultural and rural industries by promoting scientific research, instruc-tion and experiments in the science, methods and practice of agriculture (including the provision of farm institutes), ...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Establishment in private sector
Establishment in private sector, means an establish-ment which is not an establishment in public sector. [Apprentices Act, 1961 (52 of 1961), s. 2 (h)]Means an establishment other than an establishment in public sector. [Payment of Bonus Act, 1965, s. 2 (15)]It means an establishment which is not an establish-ment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration. [Employment Exchanges (Comp-ulsory Notification of Vacancies) Act, 1959, s. 2 (g)]...
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