New Article - Law Dictionary Search Results
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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)...
Propreitor of a new or original design
Propreitor of a new or original design, 'propreitor of a new or original design',--(i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed;(ii) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and(iii) in any other case, means the author of the design;and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person. [Designs Act, 2000 (16 of 2000) s. 2(j)]...
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 ] ...
Proprietor of a new or original design
Proprietor of a new or original design, (i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design in so executed; (ii) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and (iii) in any other case, means the author of the design; and where the property in or the right to apply the design has devolved from the original proprietor upon any other person, includes that other person. [Designs Act, 2000, s. 2(j)]...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Article
Article [articulus, Lat.], a complaint exhibited in the Ecclesiastical Court by way of libel. The different parts of a libel, responsive allegation, or counter allegation in the Ecclesiastical Courts.Means (as respects standardisation and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2 (a)]An article of the Constitution. [Representation of the People Act, 1950 (43 of 1950), s. 2 (a)]Any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. [Designs Act, 2000 (16 of 2000), s. 2 (a)]A machine is a tangible thing which can both be seen and felt and as such it answers the description of an 'article' within the meaning of s. 2(b) (iii) of the Act, Zaffar Mohd v. State of West Bengal, AIR 1976 SC 171 (172). [Drugs and Mag...
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)]...
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