S 1000 - Law Dictionary Search Results
Home Dictionary Name: s 1000Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Michael Angelo Taylor's Act (English)
Michael Angelo Taylor's Act (English) (57 Geo. 3, c. xxix.) (see Chitty's Statutes, tit. 'Metropolis'), for better paving and regulating the streets of the Metropolis, partly superseded by the (English) Metropolis Management Acts, and the (English) Public Health (London) Acts, which repeal 'as from the coming into operation of any bye-law made for the like object,' s. 73 and other ss. of M.A. Taylor's Act, but leaves unrepealed s. 73 of the (English) Metropolis Management Act, 1862, which incorporates M.A. Taylor's Act, so far as in force and not inconsistent with the Act of 1862 and the Acts recited therein....
K.L.M. Principle
K.L.M. Principle, The expression 'K.L.M. Principle' came into existence in the Travancore-Cochin State by an order dated 27th September, 1950, and means that the relative seniority of the Travancore and Cochin personnel in any class or grade in the common seniority list will be determined with reference to the date of commencement of continuous service in the same or similar class of grade or posts subject, however, to the condition that the seniority of the Travancore personnel as between themselves or of the Cochin personnel as between themselves should not thereby be disturbed, C.P. Damodaran Nayar v. State of Kerala, AIR 1974 SC 1343 (1349). [States Reorganisation Act, (37 of 1956), s. 115]...
H M S
A prefix used in the names of British warships meaning His Majestys Ship or Her Majestys Ship as H M S Pinafore...
Avyavaharik debt
Avyavaharik debt, this term has been variously translated as being that which is not lawful or what is not just of what is not admissible under the law or under normal conditions. Colebrooke translated it as 'a debt for a cause repugnant to good morals', S.M. Jakati v. S. M. Borkar, AIR 1959 SC 282 (286): 1959 SCR 1384; See also Luhar Amrit Lal Nagji v. Doshi Jayantilal, AIR 1960 SC 964: (1960) 3 SCR 842....
Retrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Category M
Category M, means a motor vehicle with at least four wheels used for the carriage of passengers and their luggage. [Central Motor Vehicles Rules, 1989, s. 2 (k)...
En ventre sa mere
En ventre sa mere. [Fr. In its mother's womb.] A child in the womb of the mother is for most purposes regarded in English law as being already born. But there are certain important exceptions. For example, if a child is killed whilst it is within the womb, it cannot be the subject of a murder or manslaughter charge, but otherwise if it receives injuries whilst in the womb which occasion its death after birth, R. v. Senior, (1832) 1 Moo CC 346. In civil matters also the fiction of birth is only to be applied if the maintenance of the fiction is for the child's benefit and not its detriment, Villar v. Gilbey, 1907 AC 139, but it has lately been held by the House of Lords that the doctrine does not apply where a benefit is not destined directly to the child and is only for his indirect benefit, if any: Elliot v. Joicey (Lord), 1935 AC 209, and see LQR, January, 136, for a note on the case. Subject to the narrowing of the doctrine by Elliot v. Joicey, ubi. Sup., a liberal interpretation wi...
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
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