Motive - Law Dictionary Search Results
Home Dictionary Name: motive Page: 2Dealer, auction
Dealer, auction, a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them, Auctions (Bidding Agreements) Act, 1927, s. 1(2) (UK), Halsbury's Laws of England (2), para 944, p. 461.means a person carrying on the business of selling fertilisers, whether wholesale or retail (or industrial use), and includes a manufacturer and a pool-handling agency carrying on such business and the agents of such person, manufacturer or pool-handling agency, State of Punjab v. Gunomajra Cooperative Agriculture Service Society Ltd., (2000) 9 SCC 210.There is nothing either in the main definition in s. 2(5) or in the Explanation of the Orissa Taxation (on Goods Carried by Road and Inland Water ways) Act, 1959 to suggest that the manager or agent of the dealer (principal) should have his own business within the State of Orissa before he could be proceeded against or assessed under the Act. It would be sufficient if the manager...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Farad
The standard unit of electrical capacity the capacity of a condenser whose charge having an electro motive force of one volt is equal to the amount of electricity which with the same electromotive force passes through one ohm in one second the capacity which charged with one coulomb gives an electro motive force of one volt...
Prudential
Proceeding from or dictated or characterized by prudence prudent discreet sometimes selfish or pecuniary as distinguished from higher motives or influences as prudential motives...
Manifesto
A public declaration usually of a prince sovereign or other person claiming large powers showing his intentions or proclaiming his opinions and motives in reference to some act done or contemplated by him as a manifesto declaring the purpose of a prince to begin war and explaining his motives...
Barratry
Barratry, 1. Usually called 'common barratry,' the common moving of suits and quarrels in disturbance of the peace, either in courts or elsewhere.The punishment is fine and imprisonment; 'and if the offender belonged to the profession of the law he was disabled from practising for the future, by 12 Geo. 1, c. 29, s. 4, which is unrepealed, though long obsolete.2. In marine assurance, the commission of any fraud upon the owners or insurers of a ship by the master or crew, as deserting her, sinking her, or doing any act which may subject her to arrest, detention, loss, or forfeiture, etc. It is the practice in most countries to insure against barratry. Many foreign jurists hold that it comprehends every fault which the master and crew can commit, whether it arises from fraud, negligence, unskilfulness, or mere imprudence. But in this country it is ruled that no act of the master or crew shall be deemed barratry, unless it proceed from a criminal or fraudulent motive.-see Arnould, or Chal...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Chaff-cutting machines
Chaff-cutting machines are required, for prevention of accidents, if worked by any motive power other than manual labour, to have their feeding mouths so contrived as to prevent the hand of the person feeding them from being drawn between the rollers to the knives. [(English) Chaff-Cutting Machines (Accidents) Act, 1897 (60 & 61 Vict. c. 60)]...
Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
Carries on business
Carries on business, the mere fact that the expression, 'carries on business' is used along with the other expressions, does not mean that it would apply only to such persons to whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300]Carries on business, as enumerated and 'personally works for gain' connotes two different meanings. The phrase 'carries on business' under s. 62(2) at a certain place would mean having an interest in a business at that place, a voice in what is done a share in the gain or loss and some control thereon. Such business may be carried at the place through an agent or a manager through a servant, Jay Engineering Works Ltd. v. Ramesh Aggarwal, MIPR, 2007 (1) 6058 (Del).Carries on business, in a particular commodity must depend upon the volume, frequency, continuity and regularity of transactions of purchase and sale in a class...
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