Personal Use - Law Dictionary Search Results
Home Dictionary Name: personal usePersonal use
Personal use, means a close scrutiny of the context in which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessee's person; in other words, an intimate connection between the effects and the person of the assessee must be shown to exist to render the 'personal effects'. The enumera-tion of articles like wearing apparel, jewellery and furniture, mentioned by way of illustrations in the above definition of 'personal effects', also shows that the legislature intended only those articles to be included in the definition which were intimately and commonly used the assessee, Random House Dictionary of the English Language Unabridged Edn., p. 1075.Means article associated with person as property having more or less intimate relation to person of possessor, Black's Law Dictionary, 4th Edn., p. 1301....
Personal effects
Personal effects, generally include such tangible property as is worn or carried about the person, or to designate articles associated with the person. Personal effects are used to designate articles associated with person, as property having more or less intimate relation to person of possessor, or such tangible property as attends the person, Words and Phrases, Permanent Edn., Vol. 31, p. 277.In the unabridged edition of the Random House Dictionary of the English Language, at page 1075, the expression is given the following meaning: Personal effects, privately owned articles consisting chiefly of clothing, toilet items, etc., for intimate use by an individual. In Black's Law Dictionary, Fourth Edition, at page 1301, the expression is assigned the following meaning: Personal effects, articles associated with person, as property having more or less intimate relation to person of possessor. In Cyclopedic Law Dictionary, Third Edition, at page 832, the expression 'personal effects' witho...
Cargo and personal luggage
Cargo and personal luggage, the term 'cargo' when it occurs in the notification of the Reserve Bank is that it is used as contra-distinguished from personal luggage in the law relating to the carriage of goods. The latter has been defined as whatever a passenger takes with him for his personal use or convenience, either with reference to his immediate necessities or for his personal needs at the end of his journey, State of Maharashtra v. Mayer Hans George, (1965) 1 SCR 123: AIR 1965 SC 722 (727). [Foreign Excahnge Regulation Act (7 of 1947), s. 8(1)]...
Personal luggage
Personal luggage, personal luggage has been de-fined as whatever a passenger takes with him for his personal use or convenience, either with reference to his immediate necessities or for his personal needs at the end of his journey, State of Maharashtra v. M.H. George, AIR 1965 SC 722 (744): (1965) 1 Cr LJ 641. [FERA, 1947, s. 8(1)]...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Consumer
Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...
Owner
Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...
Any person
Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Intended for personal or household use
Intended for personal or household use, the expression 'intended for personal or household use' did not mean capable of being intended for personal or household use. It meant normally, commonly orordinarily intended for personal or household use, H.H. Maharaja Rana Hemant Singhji v. CIT, AIR 1976SC 662 (665): (1976) 1 SCC 996: (1976) 3 SCR 423....
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