Offensive Trade - Law Dictionary Search Results
Home Dictionary Name: offensive tradeOffensive trade
Offensive trade, the word 'offensive' has got no technical meaning assigned to it in any legal enactment and it is not, therefore, possible to say that this word must be interpreted in that particular technical sense. Resort to the dictionary meaning of the word the setting up of a brick kiln or the preparing of bricks is a business which is liable or calculated to cause annoyance to the residents of the neighbourhood and it is, therefore, an offensive trade within the meaning of District Board Act, Sat Narain v. Emperor, AIR 1942 All 440: 1942 ALW 557....
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
offense
offense or of·fence [ə-fens] n 1 : a violation of the law ;esp : a criminal act [nor shall any person be subject for the same to be twice put in jeopardy "U.S. Constitution amend. V"] see also lesser included offense 2 in the civil law of Louisiana : an intentional unlawful act that causes damage to another and for which the law imposes an obligation for damages compare quasi contract at contract, quasi-offense NOTE: Breach of contract, offenses, quasi-offenses, and quasi contracts are the bases for civil liability under the civil law. Offenses and quasi-offenses are comparable to common-law torts. ...
London
London, the metropolis of England. for a short account of early London, see 3 Hallam, Mid. Ages, p. 219.The 'city' of London, which is not subject to the Municipal Corporations Act, contains only 671 acres and is divided into twenty-six wards, over each of which there is an alderman, and is governed by a lord mayor, who is chosen yearly. As to the customs of the city, see Pulling's Customs of London, p. 5 et seq.The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict. c. 94.The administrative 'county' of London was established by the Local Government Act, 1888, s. 40, and consists of the city of London and the various metropolitan parishes in the counties of Middlesex, Surrey, and Kent, which prior to that Act were subject to the jurisdiction of the Metropolitan Board of Works, constituted by the (English) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the powers of which board are transferred to the London County Council, the number o...
Permit or suffer
Permit or suffer, means a lease sometimes provides a covenant that the lessee, his executors, administrators and assigns would not permit or suffer the premises to be sued for a noisome or offensive trade or business. These words are not to be interpreted as if they wore 'hinder or prevent', Hall v. Ewin, (1887) 37 Ch D 74 (82)....
Public health
Public health. The first (English) Public Health Act was passed in 1848 (11 & 12 Vict. c. 63); this was an adoptive Act not applying to London, and forms the foundation of modern sanitary legislation. It was followed by some twenty nine amending Acts which were repealed and consolidated by the Public Health Act, 1875 (the Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), repeals certain sections of this Act, re-enacting them with amendments), which thus formed a sanitary code for England outside the metropolis. This Act has been since amended and extended by subsequent statutes. The latest is the Public Health Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 49), which, as from 1st October, 1937, consolidates many of the provisions of earlier legislation, without, however, repealing parts of the Public Health Acts of 1875, 1890, 1907 and 1925. The Act repeals and replaces among other enact-ments and as from various dates respectively provided by the Act: the whole of the Baths and Wash-houses A...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Trade
Trade [fr. trutta, Ital.], traffic; intercourse; commerce; exchange of goods for other goods, or for money.The business of buying and selling or bartering goods or services, Black's Law Dictionary, 7th Edn., p. 1500.As to contracts in restraint of trade, see RESTRAINT OF TRADE.A 'trade association' means an association of tradesmen, businessmen or manufacturers for the protection and advancement of their common interest, State of Gujarat v. Mahesh Kumar Dhirajlal Thakkar, AIR 1980 SC 1167: (1980) 2 SCC 322.It means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (s)]Means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services. [Competition Act, 2002 (12 of 2003), s. 2(x)]The ...
Trade Boards
Trade Boards. The Trade Boards Act, 1909, as amended by the Trade Boards Act, 1918, applies to certain trades specified in the Schedule, and to such others as are brought within the Act by Order of the Board of Trade or by special Order of the Minister of Labour. The Board of Trade can establish Trade Boards with respect to such trades, and the Boards when established must fix minimum rates for both time work and piecework. Notice must be given of the minimum rates established, and such rates are obligatory on employers, who are placed under penalties if they fail to pay in accordance with such rates. s. 11 gives the constitution and proceedings of Trade Boards under this section:(1) The Board of Trade may make regulations with respect to the constitution of Trade Boards, which shall consist of members representing employers and members representing workers (in this Act referred to as representative members) in equal proportions and of the appointed members. Any such regulations may be...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial