Out Of - Law Dictionary Search Results
Home Dictionary Name: out of Page: 2 Page 2 of about 2,045 results (0.007 seconds)Taking out to a place outside India
Taking out to a place outside India, the expression 'taking out to a place outside India' would also mean a place in high seas. It is beyond the territorial waters in India. High seas would also mean a place outside India, if it is beyond the territorial waters of India. Therefore, if the goods were taken out to the high seas outside territorial waters of India, they will come within the ambit of expression 'taking out to a place outside India', Collector of Customs v. Sun Industries, 1988 Supp SCC 342(346). [Customs and Central Excise Duties Drawback Rule, 1971, s. 2(c)]...
Defence struck off or defence struck out
Defence struck off or defence struck out, The phrase 'defence struck off' or 'defence struck out' is not unknown in the sphere of law. Indeed it finds a place on Order XI, Rule 21 of the Code of Civil Procedure: Where any party fails to comply with any order to answer interrogatories, or for discovery of inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defences, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be made accordingly, Paradise Industrial Corpn. v. M/s. Kiln Plastics Products, (1976) 1 SCC 91: AIR 1976 SC 309: (1976) 2 SCR 32. (CPC, O. 11, R. 21)...
Carried out
Carried out, works of improvement if he either physically carried out the works of improvement if he either physically carried out the works himself or arranged, Durley House Ltd. v. Cadogan (Ch. D), (2002) 1 WLR 246 [Landlord and Tenant Act, 1954, s. 34(2)]...
Charged on and paid out of the consolidated fund
Charged on and paid out of the consolidated fund, The words 'charged on and paid out of the consolidated fund' in Article 291 mean that the sum shall not be submitted to the vote of Parliament, and Article 113(1) makes a provision to that effect. Article 291 does not by itself create any independent right of any Ruler to be paid any sum out of any charged fund, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1973) 3 SCR 9: (1971) 1 SCC 85: AIR 1971 SC 530....
out of wedlock (born out of wedlock)
out of wedlock (born out of wedlock) A child born of parents who were not legally married to each other at that time. Source: U.S. Citizenship and Immigration Services ...
Knock-out
Knock-out. The arrangement made between persons attending an auction to refrain from bidding in competition one with the other on the sale of certain articles and for the subsequent private sale among themselves of the Articles thus bought at a low price.At Common Law such an agreement is not illegal [Rawlins v. General Trading Co., (1921) 1 KB 635], and to an action by the purchaser of goods sold by auction for the delivery up of the goods, the fact that the sale was a 'knock-out' does not of itself afford a defence [Cohen v. Roche, (1927) 1 KB 169], but now the (English) Auctions (Bidding Agreements) Act,1927 (17 & 18 Geo. 5, c. 12), prohibits a dealer from giving any consideration or reward to anyone for abstaining or having abstained from bidding, under penalty on summary conviction to a fine not exceeding 100l. or imprisonment for not more than three months. A bona fide joint account, a copy of such agreement has been deposited before purchase with the auctioneer, is not an offenc...
Take out of the keeping
Take out of the keeping, the word 'take or entices any minor.................out of the keeping of the lawful guardian of such minor' in s. 361, are significant. The use of the word 'keeping' in the context con-notes the idea of charge, protection, maintenance and control, State of Haryana v. Raja Ram, (1973) 1 SCC 544: AIR 1973 SC 819 (822). (Indian Penal Code, s. 361)...
Stay proceedings to carry out Arbitration agree-ment
Stay proceedings to carry out Arbitration agree-ment, the legal position with respect to the scope and meaning of s. 34 of the Arbitration Act admits of little doubt, the language of this s. being quite plain. When a party to an arbitration agreement commences any legal proceedings against any other party to the said agreement with respect to the subject-matter thereof, then the other party is entitled to ask for such proceedings to be stayed so to enable the arbitration agreement to be carried out. It is, however to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the court. It does not by itself impose any obligation on the court to stay the suit or to give any opportunity to the defendant to consider the question of enforcing the arbitration agreement, State of Uttar Pradesh v. Janki Saran Kailash Chandra, AIR 1973 SC 2071 (2075): (1973) 2 SCC 96: (1974) 1 SCR 31....
Service out of the jurisdiction
Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....
Receipts arose out of the vocation
Receipts arose out of the vocation, the 'receipt arose out of the vocation' of the assessee and they were not casual and non-recurring and, hence, they were his income. The receipts were, therefore, taxable, Dr. K. George Thomas v. Commissioner of Income Tax, AIR 1986 SC 98: (1985) Supp SCC 580: (1985) Supp 2 SCR 936....
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