Not Otherwise Specified - Law Dictionary Search Results
Home Dictionary Name: not otherwise specifiedNot otherwise specified
Not otherwise specified, the words 'not otherwise specified' do not qualify 'component parts': they qualify 'machinery, Siemens Engineering & Manufacturing Co. of India Ltd. v. Union of India, AIR 1976 SC 1785: (1976) 2 SCC 981: (1976) Supp SCR 489....
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Pawnbroker
Pawnbroker, contemplates that every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattel may be afterwards repurchased on any terms, is a 'pawnbroker', Karnataka Pawnbrokers' Assn. v. State of Karnataka, (1998) 7 SCC 707.One who lends money on goods which he receives upon pledge.The rate of interest which pawnbrokers may take has been fixed by law since 1800, by 39 & 40 Geo. 3, c. 48, which Act placed their whole business under various other restrictions. By the (English) Pawn-brokers Act, 1872 (which applies to Scotland, but not to Ireland), this Act, together with its amending Acts, is repealed, and the statute law of the subject consolidated. Sch. IV., dealing with profits and charges, has been amended by the (English) Pawnbrokers Act, 1922, in respect of loans not exceeding 40s.By s. 5 of the A...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Libraries (Public)
Libraries (Public). The (English) Public Libraries Acts, 1855-1890, authorised the establishment, at the expense of the ratepayers, of free public libraries in municipal boroughs, Improvement Act districts, and parishes, in England, by the vote of a majority of two-thirds of the inhabitants, taking by voting papers, 'and not otherwise,' (Act of 1890, s. 2). These Acts were consolidated by the Public Libraries Act, 1892 (55 7 56 Vict. c. 53), amended in the following year by 56 & 57 Vict. c.11, which allowed the Act to be adopted in urban districts by the urban authorities instead of by direct popular vote. In rural parishes the parish councils had this power transferred to them by the Local Government Act, 1894. Land may be taken compulsorily. Libraries under the Act are absolutely free, save that a charge may be made to non-residents for the use of a lending library. The Act of 1892 provided that the library rate was not to exceed one penny in the pound in any financial year, and migh...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Otherwise than under normal circumstances
Otherwise than under normal circumstances, means death not being in the usual course but apparently under suspicious circumstances if not caused by burns or bodily injury, Shanti v. State of Haryana, 1991 (1) SCC 371.The terms 'normal circumstances' apparently means not the natural death. The expression 'other-wise than under normal circumstances' would mean the death not in usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2334): (2000) 3 SCC 207. (Indian Penal Code, s. 304B)Otherwise than under normal circumstances, would mean death not in the usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, (2000) 5 SCC 207....
Save as otherwise provided by or under the Act
Save as otherwise provided by or under the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3) of Motor Vehicles Act, 1939 should be construed in a harmonious manner so that sub-clause (b) is not reduced to a nullity. The expression 'save as otherwise provided by or under the Act' would in the context mean, 'save as otherwise expressly barred by or under the Act'. If there is a provision which expressly debars the exercise of the power under sub-clause (b) in any case then only the State Transport Authority will not be able to exercise the powers and discharge the functions given in sub-clause (b). Otherwise there would be no such bar, State of Rajasthan v. Noor Mohammad, AIR 1973 SC 2729 (2732): (1972) 2 SCC 454: (1973) 1 SCR 841. [Motor Vehicles Act, 1939, s. 44(3)(b)]...
identify
identify -fied -fy·ing 1 : to consider as united or associated (as in interests or principles) [can ask leading questions of a witness who is identified with an adverse party] 2 : to establish the identity of [ing the suspect] 3 : to specify or designate (goods) as the object of a contract used in the phrase identify to the contract [the disputed beans were goods identified to the contract] NOTE: Under the Uniform Commercial Code, once goods are identified to a contract, the buyer has a special property interest and an insurable interest in the goods. This gives the buyer the right to seek damages and other relief. This identification can be done at any time and in any manner agreed to by the parties or as otherwise specified in the U.C.C. iden·ti·fi·able adj iden·ti·fi·ca·tion n ...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
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