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Home Dictionary Name: new article Page 1 of about 59 results ( seconds)New article
New article, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means--(a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;(b) any article which bears a mark as defined in the Trade Marks Act, 1940, or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (dd)]...
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
Enterprise
Enterprise, means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control or articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions of subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space.Explanation.--For the purposes of this clause,--(a) 'activity' includes profession or occupation;(b)...
Glass ware
Glass ware, the dictionary meaning of the expres-sion 'glass ware' is 'articles made of glass' (see WEBSTER'S NEW WORLD DICTIONARY).However, in commercial sense glass ware would never comprise articles like clinical syringes, thermometers, lectometers, and the like which have specialised significance and utility. In popular or commercial parlance a general merchant dealing in 'glass ware' does not ordinarily deal in articles like clinical syringes, thermometers, medical stores or with the manufacturers thereof like the assessee. It is equally unlikely that consumer would ask for such articles from a glass ware shop. In popular sense when one talks of glass ware such specialised articles like clinical syringes, thermometer, lectometers and the like do not come up to ones mind, Indo International Industries v. Commissioner of Sales Tax, AIR 1981 SC 1079 (1081): (1981) 2 SCC 528: (1981) 3 SCR 294. [U.P. Sales Tax, (15 of 1948)]...
reconstruction
reconstruction 1 : a rebuilding of a nonfunctional patented article that amounts to creation of a new article and constitutes infringement of the patent [the complete replacement of the mechanism was a and not a repair] 2 : the practice or process of recreating an incident (as an accident) for the purpose of investigating the specific facts and circumstances surrounding it [heard testimony on the speed of the vehicle from an expert in accident ] ...
Assembly
Assembly, the expression 'assembly' in the context and setting in which it has been used cannot be construed to mean bringing into of a new article. This expression cannot be equated with the expression 'manufacture', Shriram Vinyl and Chemical Industries v. Commissioner of Customs, AIR 2001 SC 1283 (1284): (2001) 4 SCC 286. [Customs Act, 1962 s. 25(1)]Means a group of persons organized and united for some common purpose, Black Law Dictionary 7th Edn., p. 111....
Constituent power
Constituent power, the expression 'constituent power' is used to describe only the nature of the power of amendment. Every amending power, however large or however small it might be, is a facet of a constituent power. The power, though described to be 'constituent power', still continues to be any 'amending power'. The scope and ambit of the power is essentially contained in the word 'amendment'. Hence, from the fact that the new Article specifically refers to that power as a constituent power, it cannot be understood that the contents of the power have undergone any change, Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 (488): AIR 1973 SC 1461. [Constitution (Twenty Fourth) Amendment Act, 1971, s. 3(b)]...
Processing
Processing, in common parlance 'processing' is understood as an action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. 'What is necessary in order to characterise an operation as 'processing' is that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and several other articles which requires preservation by refrigeration are stored. While as a result of long storage, Scientific examination might indicate loss of moisture content that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125.Processing, include the preservation of such products as canning, freezing drying, salting, smoking, peeling or filleting etc., Regional Executive, Kerala Fishermen's Welfare Fund...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Scheduled caste
Scheduled caste, article 341 makes it clear that a 'Scheduled Caste' need not be a 'caste' in the conventional sense and, therefore, may not be a caste within the meaning of Article 15(2) or 16(2). Scheduled Castes become such only if the President specifies any castes, races or tribes or parts or groups within castes, races or tribes for the purpose of the Constitution. So, a group or a s. of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste under Article 341. Likewise, races or tribal communities or parts thereof or part or parts of groups within them may still be Scheduled Tribes (Article 342) for the purpose of the Constitution. Under this definition, one group in a caste may be a Scheduled Caste and another from the same caste may not be. It is the socio-economic backwardness of a social bracket, not mere birth in a caste, that is decisive. Conceptual errors creep in when traditional obsessions ob...
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