Repairer - Law Dictionary Search Results
Home Dictionary Name: repairer Page: 2Constructive total loss
Constructive total loss, a term used in the law of marine insurance to denote a loss which entitles the assured to claim the whole amount of his insurance, on giving to the assurers notice of abandonment. Generally there is a constructive total loss when the subject-matter assured has not actually perished or lost its form or species, but has, by one of the perils insured against, been reduced to such a state or placed in such a position as to make its total destruction, though not inevitable, yet highly imminent, or its ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful. In such a case the assured, by giving notice within a reasonable time to the assurers of abandonment, i.e., the relinquishment of all his right to whatever may be saved, is entitled to recover against them as for a total loss.If notice is not given, the loss is treated as a partial loss unless the ship in fact has become a total loss or if there would be no possibilit...
Dangerous place
Dangerous place. S. 30 of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53), provides as follows:-30. With respect of the repairing or enclosing of dangerous places the following provisions shall have effect (namely):-(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure, dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified in the notice and hereinafter in this s. referred to as the 'prescribed period,' to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local...
Dealer
Dealer, in relation to any dangerous machine or any part thereof, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any dangerous machine or any part thereof, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes-(i) a commission agent who carries on such business on behalf of any principal;(ii) an importer who sells, supplies, distributes or otherwise delivers any dangerous machine to any user, manufacturer, repairer, consumer or any other person. But does not include a manufacturer who sells, supplies, distributes or otherwise delivers any dangerous machine or any part thereof to any person or category of persons referred to in this clause. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (e)](2) includes a person who is engaged--(a) in building bodies for attachment to chassis; or (S. 2 (8)(b) The M...
Repairer
One who or that which repairs restores or makes amends...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Works contract
Works contract, means any agreement for carrying out for cash, deferred payment or other valuable consideration-(a) the construction, fitting out, improvement, or repair of any building, road, bridge or other immovable property,(b) the installation or repair of any machinery affixed to a building or other immovable property,(c) the overhaul or repair of-(i) any motor vehicle,(ii) any sea-going vessel, river craft or steamer,(iii) any other vessel propelled by internal combustion engine or by any other mechanical means,(iv) railway engine,(v) any aircraft, or(vi) any component or accessory part of any of the goods mentioned in items (i) to (v), or(d) the fitting of, assembling, altering, ornamenting, finishing, furnishing, improving, processing, treating or adapting any goods. [West Bengal Value Added Tax Act, 2003, s. 2(57)]...
Shop
Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycle...
Bridge
Bridge [g'fnra, Gk.; pons, Lat.; bric, Sax.], a building erected across a river, ditch, valley, or other place, for the common benefit of travellers. The' Statute of Bridges' (22 Hen. 8, c. 5), (which see, with other statutes, Chitty's Statutes, tit. 'Highways (Bridges)'), provides for the rating of the inhabitants of a county or borough for the repair of bridges not repairable by any person ratione tenur'. As to the offence of pulling down, throwing down, or destroying a bridge, see (English) Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), ss. 29 and 33.The management of county bridges is transferred from justices to county councils by s. 3, para Viii., of the (English) Local Government Act, 1888; and by s. 6 of the same Act the county councils may purchase bridges not being county bridges, and may erect new bridges. And see (English) Pub. Health Act, 1936, s. 343. The construction and repair of railway bridges over or under a public highway is mainly regulated by the (English) Rail...
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
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...
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