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Not later than

Not later than, the expression 'not later than' means 'within a period of', Harvinder Singh v. S. Karnail Singh, AIR 1957 SC 271 (273)....


Shop

Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycle...


Registration of title of land

Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...


Grounds

Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.'Grounds' in Article 22(5) do not mean mere factual inferences but mean factual inferences plus factual material which led to such factual inferences. The 'grounds' must be self-sufficient and self-expl...


Actio personalis moritur cum persona.

Actio personalis moritur cum persona. A personal action dies with the person, i.e., the right to sue is gone. 'As if battery be done to a man, if he who did the battery or the other die, the action is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action may be brought by the personal representatives of a deceased person for injury done to his property in his lifetime. It has also been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry, Finley v. Chirney, (1880) 20 QBD 494, or to write a book or paint a picture, See Leake on Contracts; Broom's Max.; Twycross v. Grant, (1877) 4 CPD 40; Phillips v. Homfray, (1993) 24 Ch D 439; and Jones v. Simes, (1890) 43 Ch D 607 as to injunction.This rule of the Common Law has been encroached upon by various statutes; by 4 Edw. 3, c. 7, as to trespas...


Noting

Noting, when a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.Such notes must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges. [Negotiable Instruments Act, 1881 (26 of 1881), s. 99]--The making of a memorandum or note on a bill of exchange by a notary which states that he has presented the bill for payment or acceptance, and that it has been dishonoured. It is usual, in cases of non-payment of bills of exchange, for London bankers, after six o'clock on the day upon which the bills fall due, to cause inland bills to be noted. The duty of a notary in protesting a bill consists in thre...


Arrangements between debtors and creditors

Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition with creditors by resolutions passed at similar representative meetings to take the place of proceedings in bankruptcy. The (English) Bankruptcy Act, 1883, having repealed the Act of 1869 without re-enacting these clauses, arrangements with creditors outside the law of bankruptcy became common, and in order to legalize and regulate these arrangements, the (English) Deeds of Arrangement Act, 1887, was passed and amended in 1890 by 53 & 54 Vict. c. 24. The law has now been consolidated by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47), which repeals the Act of 1887, and also parts of the Bankruptcy and (English) Deeds of Arrangement Act, 1913, and contains practically the whole statute law on the subject. The Act is divided into five parts: (1) defining the deeds of arrangement...


Return of post

Return of post, means 'if a person makes an offer saying that its acceptance must be communicated by return of post: that does not mean, exclusively a reply by letter by return of post. A reply by telegram or by verbal message, or by any means not later than a letter written and sent by return of post would reach, is within the meaning of 'return of post', Tinn v. Hoffmann & Co., (1873) 29 LT 271...


Treasury Bill

Treasury Bill, means a short-term debt security issued by the federal government, with a maturity of 13, 26 or 52 weeks, Black's Law Dictionary, 7th Edn., p. 1507.Treasury Bills are bills issued by the Treasury payable not later than twelve months after date. (English) Treasury Bills Act, 1877. See FUNDS; EXCHEQUER BILLS....


Meeting

Meeting, an assembly of persons whose consent is required for anything to decide, by a proper majority of votes, whether or not that thing shall be done; e.g., the meeting of the town council under s. 22 of the (English) Municipal Corporations Acts, 1882 (45 & 46 Vict. c. 50), or (English) Local Government Act, 1933 (23 & 24 Geo.5, c. 51), s. 75.By Common Law in the absence of other provisions a corporation is bound by the majority present at a regular corporate meeting and not only by an absolute majority of the corporation (this does not apply to companies), Perrott and Perrott Ltd. v. Stephenson, (1934) 1 Ch 171; and see Kyd on Corporations, Vol. 1, p. 400; or of the parish or parish council: see PARISH COUNCIL; PARISHMEETING. Also a meeting of the shareholders of a company under ss. 66-80 of the (English) Companies Clauses Act, 1845 (8 & 9 Vict. c. 16). As to meetings of creditors, see (English) Bankruptcy Act, 1914, ss. 13, 79 and 95. A company formed under the Companies Act, 1929...


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