Regulation And Restriction - Law Dictionary Search Results
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
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...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
free
free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...
free
free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...
Mine
Mine [fr. mwyn or mwy, Wel., fr. maen, a stone], an excavation or cavern in the earth; an excavation made for the purpose of getting coal or other minerals.The inspection and regulation of mines other than coal mines is provided for by the Metalliferous Mines Regulation Acts, 1872 and 1875. As to the corresponding provisions in the case of coal mines, see COAL MINES.Coal mines only were rateable under 43 Eliz. c. 2, but the Rating Act, 1874 (37 & 38 Vict. c. 54), has made all mines rateable.Neither mines under railways [see (English) Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), ss. 77-85], nor under waterworks [see (English) Waterworks Clauses Act, 1847 (10 Vict. c. 17), ss. 18-27], pass to the respective companies, unless expressly purchased. See also (English) Mines (Working Facilities and Support) Acts, 1923, 1925, and 1934; the (English) Coal Mines Act, 1926 (c. 17), and the (English) Mining Industry Act (c. 28). By the (English) Coal Mines Regulation Act, 1908, as...
Cinematograph
Cinematograph, more properly cinematograph. A contrivance for projecting in rapid succession on a screen a series of instantaneous photographs so as to give the effect of motion (The Concise Oxford Dict.). The (English) Cinematograph Act, 1909, provides that an exhibition of pictures or other optical effects by means of a cinematograph or other similar appartus for the purpose of which inflammable films are used shall not be given unless the regulations made by the Home Secretary are complied with, or elsewhere that in premises licensed under the Act (s. 1). The Act does not apply, however, to exhibitions in private houses to which the public are not admitted [s. 7 (4)]. The exhibition of films by dealers or their agents to intending purchasers or hirers does not amount to an exhibition within the meaning of the Act, Attorney-General v. Vitagraph Co., 1915 (1) Ch 206. Sunday exhibitions, see (English) Sunday Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51), s. 1 The Celluloid and (Engl...
Drugs, Dangerous
Drugs, Dangerous. The importation, exportation, manufacture, sale, and use of opium and other dangerous drugs is regulated by the (English) Dangerous Drugs Act, 1920 to 1932. Raw opium may only be imported and exported under license and at approved ports, and regulations are authorized for restricting its production, possession, sale, and distribution. The importation or exportation of opium prepared for smoking is absolutely prohibited. Medicinal opium, morphine, cocaine, ecgonine, heroin, and new drugs specified by Order in Council may only be imported or exported by license: their manufacture and sale are regulated. Wide powers of arrest are given to the police and severe penalties provided for offenders against these Acts. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), includes offences in relation to dangerous drugs and attempts to commit such offences, among extradition crimes. See also the Pharmacy Act, 1868, and the (English) Poisons and Pharmacy Act, 1908. See CH...
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