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Off Day - Law Dictionary Search Results

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off day

A day when things go poorly as I guess this is one of my off days...


pass off

pass off 1 : to make public or offer for sale (goods or services) with intent to deceive : palm off [passing his product off as that of the plaintiff's "W. L. Prosser and W. P. Keeton"] see also unfair competition 2 : to give a false identity or character to [they created the documents on the day of the trial and passed them off as being made earlier] ...


Passing off

Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...


Days of grace

Days of grace. Time of indulgence granted to an acceptor for the payment of his bill of exchange. It was originally a gratuitous favour (hence the name), but custom has rendered it a legal right.The number of these days varies according to the ancient custom or express law prevailing in each particular country. In the (English) United Kingdom, by the Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 14, 'where a bill' (i.e., a bill of exchange or promissory note) 'is not payable on demand, the day on which it falls due is determined as follows:-Three days, called days of grace, are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace,' with a proviso that where the last day of grace falls on Sunday, Christmas Day, or Good Friday, or a public fast or thanksgiving day, the bill is payable on the preceding business day, or on the succeeding business day if the last d...


Appointed day

Appointed day. A day fixed by an Act of Parliament for some purpose of the statute; see, e.g., the Local Government Act, 1894, s. 84; Merchant Shipping Act, 1906, s. 5.In relation to a Tribunal or an Appellate Tribunal, means the date on which such Tribunal is established under sub-s. (1) of s. 3 or, as the case maybe, sub-s. (1) of s. 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (13 of 1985), s. 2 (c)]In relation to a Tribunal, means the date with effect from which it is established, by notification, under s. 4. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (c)]In relation to any provision of this Act, means the day on which that provision comes into force. [Advocates Act, 1961 (25 of 1961), s. 2 (b)]Means the date on which the Corporation is established under s. 3. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2 (1)]Means the date on which these rules shall come into force. [Supreme Court Rules, 1966, s. 2 (1) (c)]Means the day following i...


Lay off

Lay off, s. 2(kkk) of Industrial Disputes Act, 1947 defines a lay off. Lay-off may be due to shortage of coal or shortage of power or shortage of raw materials or accumulation of stocks or break-down of machinery or any other reason, Management of Kairbetta Estate v. Rajamanickam, AIR 1960 SC 893: (1960) 3 SCR 371.It means the failure, refusal or inability of employer on account of contingencies mentioned in clause (kkk) of the Industrial Disputes Act, s. 2 to give employment to a workman whose name is borne on the muster rolls of his industrial establishment. It is merely a fact of temporary unemployment of the workman in the work of the industrial establishment. The principles governing the case of lay-off are very akin to those applicable to a suspension case. When lay-off is found justified workmen may not be awarded any wages or compensation, Workmen of M/s. Firestone Tyre & Rubber Co. of India (P) Ltd. v. Firestone Tyre & Rubber Co., AIR 1976 SC 1775: (1976) 3 SCC 819: (1976) 3 S...


Set-off

Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...


Business day

Business day, For the purposes of the (English) Bills of Exchange Act,1882, s. 92 provides that any day other than (a) Sunday, Good Friday, Christmas Day, (b) a bank holiday, (c) a day appointed by royal proclamation as a public fast or thanksgiving, is a business day.Business day means any day other than a Saturday, a Sunday, Christmas day, Good Friday or a day which is a bank holiday in any part of Great Britain; Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 1294, p. 1009....


Day

Day [fr. dies, Lat.; tag, Germ.], in its largest sense the time of a whole apparent revolution of the sun round the earth, but , in its popular acceptation, that part of the twenty-four hours when it is light, or the space of time between the rising and the setting of the sun. by the Roman Calendar the day commenced at midnight; and most European nations reckon in the same manner.In the space of a day all the twenty-four hours are usually reckoned. Therefore, in general, if I am bound to pay money on any certain day, I discharge the obligation if I pay it before twelve o'clock at night; after which the following day commences.If anything is to be done within a certain time, of, from, or after the doing or occurrence of something else, the day on which the first act or occurrence takes place is to be excluded from the computation, Williams v. Burgess, (1840) 12 A&E 635. In certain legislative and justiciary acts, e.g., the proceedings of the House of Lords as recorded in the Journals of...


Quarter-days

Quarter-days, the days which begin the four quarters of the year, viz., the 25th of March, or Lady-day; the 24th of June, or Midsummer-day; the 29th of September, or Michaelmas-day; and the 25th of December, or Christmas-day. The half-quarter days are February 8, May 9, August 11, and November 11. The Scottish quarter days are February 2, May 15, August 1, and November 11. In Northern Ireland the quarter-days are the same as for England....


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