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Home Dictionary Name: per se Page: 3Mokurrari istimarari
Mokurrari istimarari, the words 'makurrari istimarari' do not in their lexicographical sense primarily imply any heritage character in the grant as the term 'mourosi' does; but they imply permanency from which in a secondary sense such heritable character might be inferred, it always being doubtful whether they meant permanent during the lifetime of the persons to whom the grant was made or permanent as regards hereditary character. The words do not per se convey an estate of inheritance...
Storage
Storage, is of large amplitude covering all kinds of storages maintained under different conditions for different purposes, Central Hindustan Orange and Cold Storage Co. Ltd. v. Prafulla Chandra Ramchandra Oza, AIR 1967 Bom 126: 1967 Bom LR 689: (1967) 1 LLJ 153: 1966 Mah LJ 1161.Storage, storage 'storing' has an element of con-tinuity as the purpose is to keep the commodity is store and retrieve it at some future date, even within a few days. If goods are kept or stocked in a warehouse, it can be immediately described as an act of 'storage'. A vehicle can also be used as a store house. But, whether in a particular case, a vehicle was used as a 'store' or whether a person had stored his merchandise in a vehicle would be a matter of fact in each case. Carrying goods in a vehicle cannot per se be 'storing' although it may be quite possible that a vehicle is used as a store, Bijoya Kumar Agaruala v. State of Orissa, AIR 1996 SC 2531 (2533): (1996) 5 SCC 1.The term 'storage' means storage ...
Restrictive trade practice
Restrictive trade practice, means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include--(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price.(b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (nnn)]The definition of restrictive trade practice is an exhaustive and not an inclusive one. The decision whether trade practice is restrictive or not has to be arrived at by applying the rule of reason and not on the doctrine that any restriction as to area or price will per se b...
Or is otherwise unfit for human consumption
Or is otherwise unfit for human consumption, the words 'or' is otherwise unfit for human consumption are disjunctive of the rest of the words preceding them. It relates to a distinct and separate class altogether. The clause 'or is otherwise unfit for human consumption' is residuary provision which would apply to a case not covered by or falling squarely within the clauses preceding it. If the phrase is to be read disjunctively the mere proof of the article of food being 'filthy, putrid, rotten,decomposed.... or insect infested' would be per se sufficient to bring within the purview of theword 'adulterated' as defined in sub-clause (f) and it would not be necessary in such a case toprove further that the article of food was unfit for human consumption, Municipal Corporation v. Tek Chand Bhatia, (1980) 1 SCC 158: AIR 1980 SC 360 (362). [Prevention of Food Adulteration Act, 1954, s. 2(1)(f)]...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Must or shall
Must or shall, If the legislative intent is expressed clearly and strongly in imperative words, such as the use of 'must' instead of 'shall', that will itself be sufficient to hold the provision to be mandatory, and it will not be necessary to pursue the enquiry further. If the provision is couched in prohibitive or negative language, it can rarely be directory, the use of peremptory language in a negative form is per se indicative of the intent that the provision is to be mandatory, Lachmi Narain v. Union of India, AIR 1976 SC 714 (726): (1976) 2 SCC 953: (1976) 2 SCR 785....
Moral turpitude
Moral turpitude, 'Moral turpitude' is an expression which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity, Pawan Kumar v. State of Haryana, AIR 1996 SC 3300: (1996) 4 SCC 17 (21). See also AIR 1959 All 71.One of the most serious offences involving 'moral turpitude' would be where a person employed in a banking company dealing with money of the general public, commits forgery and wrongfully withdraws money which he is not entitled to withdraw, Allahabad Bank v. Deepak Kumar Bhola, (1997) 4 SCC 1 (4).Moral turpitude, whether an offence involves moral delinquency is question of fact depending on the public morals of the time; common sense of community and context and purpose for which the character of offence is to be determined. In common parlance 'moral turpitude' means baseness of character. Concise Oxford Dictionary defines 'moral' - 'Concerned with goodness or badness of character or di...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Economic activity
Economic activity, means in order to determine whether an activity is an economic activity for the purpose of the common system of VAT, 'the activity is considered per se and without regard to its purpose or result, Commission v. Netherlands, (1987) ECR 1471....
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