Place Of Business - Law Dictionary Search Results
Home Dictionary Name: place of business Page: 2Partnership
Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying Act of fifty s.s, 'to declare and amend the law of partnership,' which, in effect, transfers the law of the subject from the region of reported cases to that of the statute; Bovill's Act' (see that title) of 1865 (28 & 29 Vict. c. 86), and a small part of the (English) Mercantile Law Amendment Act of 1856, being the only previous statutory enactments on the subject.Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership property and their rights and duties in relation to the partnership. They provide, amongst other things, for equal shares in profits and equal contributions to losses; for indemnification of every partner by the firm in respect of payments properly made...
Appropriate State
Appropriate State, means-(i) in relation to a dealer who has one or more places of business situated in different States, every such State with respect to the place or places of business situated within its territory. (ii) in relation to a dealer who has places of business situated in different States, every such State with respect to the place or places of business situated within its territory. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (a)]...
Indorsement of Address
Indorsement of Address. By R.S.C. 1883, Ord. IV., it is provided that the solicitor of a plaintiff suing by a solicitor shall indorse upon every writ of summons the address of the plaintiff, and also his own name or firm and place of business, and also, if his place of business shall be more than three miles from the Royal Courts of Justice, another proper place, to be called his address for service, which shall not be more than three miles from the Royal Courts, where writs, notices, etc., may be left for him; and that if he be agent of another solicitor, he shall add the name or firm and place of business of the principal solicitor. See SUMMONS...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Presetment of Bill of Exchange, Cheque, or Pro-missory Note
Presetment of Bill of Exchange, Cheque, or Pro-missory Note, the presenting of a bill by the holder to the drawee for acceptance, or to the acceptor or an indorser for payment of, a cheque to the banker for payment, and of a note to the maker or indorser for payment.The law on this subject is regulated by the (English) Bills of Exchange Act, 1882, as follows:-Presentment of Bill for Acceptance.--Presentment is necessary if the bill be payable after sight or if it be expressly stipulated for by the bill, or if it be drawn payable elsewhere than at the residence or place of business of the drawee, but in no other case (s. 39). When a bill payable after sight is negotiated, the holder must either present or negotiate it within a reasonable time (s. 40).'The presentment must be made by or on behalf of the holder to the drawee or to some person authorized to accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue.' Presentment must be ...
Abode
Abode, habitation or place of residence; stay or continuance. In law it is used in different senses, to denote the place of a man's residence, or business, temporary or permanent. For some purposes in law a man may be deemed to have an 'abode' where he has a place of business, even although he reside elsewhere, or where he has a temporary residence, although his permanent residence is elsewhere or even abroad. But 'abode' or residence is quite distinct from domicil, which means much more than even a place of permanent residence (see DOMICIL); whereas it would seem that 'abode' does not even necessarily imply that. 'Abode' seems larger and looser in its import than the word 'residence,' which in strictness means the place where a man lives, i.e., where he sleeps or is at home. 'A man's residence, where he lives with his family and sleeps at night, is always his place of abode in the full sense of that expression', R. v. Hammond, (1852) 17 QB 781, per Lord Campbell, C.J. Consult Stroud, ...
Newly set up establishment
Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous with 'undertaking' which has been defined, though in a different context, by this Court in Gymkhana Club Employees' Union v. Management, (1968) 1 SCR 742: AIR 1968 SC 554: (1967) 2 Lab LJ 720 to mean 'any business or any work or any project which one engages in or attempts as an enterprise analogous to business or trade'. The dictionary meaning of 'establishment' as given in Webster International Dictionary includes inter alia 'an institution or place of business, with its fixture and organised staff;as, large establishment, a manufacturing establishment'. 'Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence. This apparatus which is used for the purpose of carrying on trade, business or und...
Foreign company
Foreign company. Every Company incorporated outside the United Kingdom, which has a place of business in the United Kingdom, has to comply with certain regulations laid down by Part XI., ss. 343-352 of the Companies Act, 1929. The regulations relate, inter alia, to the registration with the registrar of companies of a copy or translation of the instrument and regulations constituting the company, a list of directors with the statutory particulars and the names and addresses of one or more residents in Great Britain for service of notices and process on the company, and other important provisions. Companies incorporated in a British possession are empowered to hold land in the United Kingdom without prejudice to their powers by virtue of registration in Northern Ireland (s. 345). Special regulations are made for companies incorporated in the Channel Islands and the Isle of Man (s. 343).The general provisions of the Companies Act, 1929, relating to charges on property in England and on p...
Liaison office
Liaison office, means a place of business to act as a channel of communication between the Principal place of business or Head Office by whatever name called and entities in India but which does not undertake any commercial/trading/industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel. [Foreign Exchange Management (Establishment in India of Branch or Office or Other Place of Business) Regulations, 2000, Reg. 2 (e)]...
Same business
Same business, the business of the company of deal-ing in shares and the business of manufacturing sugar and other commodities constitute the same business within the meaning of s. 24(2) of the Indian Income-tax Act, 1922, Standard Refinery and Distillery Ltd. v. Commissioner of Income Tax, AIR 1971 SC 2293: (1971) 1SCC 315: (1971) 3 SCR 378.In determining whether two lines of business constitute the 'same business' within the meaning of s. 24(2) of the Income-tax Act, the Income-tax authorities must consider the inter-connection, inter-lacing, inter-dependence and unity furnished by the existence management, common business organisation ,common administration, common Fund and a common place of business, Standard Refinery and Distillery Ltd. v. CIT, AIR 1970 SC 1379 (1380). [Income Tax Act, 1922, s. 24(2)]...
- << Prev.
- Next >>