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Merchandise - Law Dictionary Search Results

Home Dictionary Name: merchandise

Merchandisable

Such as can be used or transferred as merchandise...


Merchandise Marks Act, 1887

Merchandise Marks Act, 1887 (50 & 51 Vict. c. 28). See TRADE DESCRIPTION....


Merchandises avarlees

Merchandises avarlees [Fr.], damaged goods....


letter of credit

letter of credit :a document issued to a beneficiary at the request of the issuer's customer in which the issuer (as a bank) promises to honor a demand for payment by the beneficiary in order to satisfy or secure the customer's debt compare guaranty NOTE: A letter of credit is usu. requested by a buyer of merchandise (the issuer's customer) to be issued to the seller (the beneficiary) in order to secure the payment for the merchandise. In effect the letter of credit is considered to extend a line of credit or substitute the issuer's credit for the customer's. commercial letter of credit : a letter of credit which is used to satisfy payment for merchandise and which usually requires the beneficiary to present a draft and some documentary proof (as of shipment or receipt of the merchandise) when making a demand for payment irrevocable letter of credit : a letter of credit which the issuer cannot revoke or modify without the consent of the issuer's customer or the beneficiary stan...


Commencement of proceedings

Commencement of proceedings, the expression 'commencement of the proceedings' would mean the commencement of proceedings in which the question as to the conclusive character of the registration, as laid down in s. 32 of the Trade and Merchandise Marks Act, 1958 arises. Such a question may arise in a suit for infringement of the trade mark in which the registered proprietor may rely on s. 32 to prove his title to the registered trade mark as also in rectification proceedings, National Bell Co. v. Gupta Industrial Corporation, (1970) 3 SCC 665: AIR 1971 SC 898 (907): (1971) 1 SCR 70. [Trade and Merchandise Act (43 of 1958), s. 32(c)]...


Import

Import, in relation to any technology, means the bringing into India of, such technology from a place outside India. [Research and Development Cess Act, 1986, s. 2 (d)]Means bringing into any place within the territories to which this Act extends from a place outside those territories. [Insecticides Act, 1968 (46 of 1968), s. 3 (d)]Means bringing into India. [Aircraft Act, 1934 (22 of 1934), s. 2 (3)]Means to bring into India from a place outside India by land, sea or air. [Explosives Act, 1884 (4 of 1884), s. 4 (f)]With its grammatical variations and cognate expressions, means bringing into India from a place outside India. [Customs Act, 1962 (52 of 1962), s. 2 (23)]Means bringing into India from out of India, Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR 1984 SC 667: (1984) 2 SCR 664: (1984) 2 SCC 534. (Copyright Act, 1957, ss. 51, 53)In a sense, import may be said to be complete for certain purposes say, sales tax purposes on their clearance after assessment of du...


Policy of group insurance

Policy of group insurance, means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (19A); Rajasthan Stamp Act, 1999, s. 2(28)]Policy of sea-insurance or sea-policy,--(a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or person, any goods, merchandise or property of any description whatever on board of any sh...


Toll

Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...


Trade description

Trade description, means 'any description, state-ment, or other indication, direct or indirect, (a) as to the number, quantity, measure, gauge, or weight of any goods, or (b) as to the place or country in which any goods were made or produced, or (c) as to the mode of manufacturing or producing any goods, or (d) as to the material of which any goods are composed, or (e) as to any goods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or mark which, accord-ing to the custom of the trade, is commonly taken to be an indication of any of the above matters.' A 'false trade description' means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade...


Trade mark and property mark

Trade mark and property mark, the concept of trade mark is distinct from that of a property mark. A mark, as defined by s. 2(1)(j) of the Trade and Merchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, world, letter or numerical or any combination thereof. A trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction be...


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