S 113 - Law Dictionary Search Results
Home Dictionary Name: s 113Smuggling
Smuggling, the offence of importing prohibited Articles, or of defrauding the revenue by the introduction of Articles into consumption without paying the duties chargeable upon them. It may be committed indifferently either upon the excise or customs revenue.The crime of importing or exporting illegal articles or articles on which duties have not been paid, Black's Law Dictionary, 7th Edn., p. 1394.Smuggling is restrained by the statutes relating to the Customs, and in particular by the Customs Consolidation Act, 1876.In relation to any goods, means any act or omission which will render such goods liable to confiscation under s. 111 or s. 113. [Customs Act, 1962 (52 of 1962), s. 2 (39)]The general concept of smuggling contains two elements: one, the bringing into India of goods the import of which is prohibited; and two, the bringing, into the country's trade stream, of goods the import of which is permitted without paying the customs duties with which they are chargeable. The second e...
Imported into municipal limits
Imported into municipal limits, The expression 'imported into municipal limits' in s. 113, has to be interpreted as meaning 'imported into the munici-pal limits for purposes of consumption, use or sale' only, Indian Oil Corporation v. Municipal Corporation, Jullunder, AIR 1993 SC 844 (848). [Punjab Municipal Corporation Act, (42 of 1976), s. 113...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Year
Year, means a period commencing on 1st April and ending on 31st March next following. [Rajasthan Public Libraries Act, 2006, s. 2(t)]Means a year commencing on 1st day of April. [Equity Linked Savings Scheme, 2005, s. 2(g)][fr. gear, Sax.], 365 days, twelve calendar months, fifty-two weeks and one day, or in Leap Year (q.v.) 366 days, i.e., fifty-two weeks and two days.The first day of the year was legally altered for England from the 25th of March to 1st of January in and after 1752 by the Calendar (New Style) Act, 1750 (24 Geo. 2, c. 23) (Chitty's Statutes, tit. ' Time '), but as appears from the preamble to that statute, the 1st of January had been the first day of the year in Scotland, in other nations, and by ' common usage throughout the whole kingdom.' See CALENDAR generally, when a statute speaks of a year it must be considered as twelve calendar and not lunar months, Bishop of Peterborough v. Catesby, 1608 Cro Jac 166.For the termination of the statutory year for certain finan...
Private company
Private company. A 'private company' is defined by s. 26 of the (English) Companies Act, 1929, as follows:-Company privately formed by members who subscribe the whole of the capital among them-selves.26. --(1), For the purposes of this Act the expression 'private company' means a company which by its articles-(a) restricts the right to transfer its shares; and(b) limits the number of its members to 50, not including persons who are in the employment of the company and persons who, having been formerly in the employment of the company, were, while in that employment and have continued after the determination of such employment to be, members of the company; and(c) prohibits any invitation to the public to subscribe for any shares or debentures of the company.(2) Where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this section, be treated as a single member.S. 27, ibid., provides that if a company alters its articles so that the provisio...
Amends, tender of
Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been done by some public authority or person acting in pursuance of an (English) Act of Parliament, as the Highway Act, 1835 (see s. 105), or the (English) Larceny Act, 1861 (see s. 113), in apprehending, for instance, a person found committing an offence against that Act. These are repealed by the (English) Public Authorities Protection Act, 1893, which provides, amongst other things, for the pleading of tender of amends, and for taxation of the defendant's costs between solicitor and client in event of the plaintiff not recovering more than the sum tendered, etc. As to tender upon distress (q.v.), whether before or after impounding but before sale, see Johnson v. Upham, (1859) 2 E&E 250. For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s...
Meeting
Meeting, an assembly of persons whose consent is required for anything to decide, by a proper majority of votes, whether or not that thing shall be done; e.g., the meeting of the town council under s. 22 of the (English) Municipal Corporations Acts, 1882 (45 & 46 Vict. c. 50), or (English) Local Government Act, 1933 (23 & 24 Geo.5, c. 51), s. 75.By Common Law in the absence of other provisions a corporation is bound by the majority present at a regular corporate meeting and not only by an absolute majority of the corporation (this does not apply to companies), Perrott and Perrott Ltd. v. Stephenson, (1934) 1 Ch 171; and see Kyd on Corporations, Vol. 1, p. 400; or of the parish or parish council: see PARISH COUNCIL; PARISHMEETING. Also a meeting of the shareholders of a company under ss. 66-80 of the (English) Companies Clauses Act, 1845 (8 & 9 Vict. c. 16). As to meetings of creditors, see (English) Bankruptcy Act, 1914, ss. 13, 79 and 95. A company formed under the Companies Act, 1929...
King's printer
King's printer has the liberty of printing the Bible, Prayer Book, Statutes, and Acts of State, to the exclusion of all other presses, except those of the two universities, and by 56 & 57 Vict. c. 66, all (English) Statutory Rules. By the Evidence Act, 1845 (8 & 9 Vict. c.113), s. 3, all copies of private, local, and personal Acts of Parliament, not public Acts, if purported to be printed by the Queen's printers, and all copies of the journals of either House of Parliament, and of royal proclamations purporting to be printed by the printers to the Crown, or by the printers to either House of Parliament, or by any or either of them, shall be admitted as evidence thereof by all Courts, etc., without any proof being given that such copies were so printed, and see 45 & 46 Vict. c. 9, and 7 Edw. 7, c. 16, as to colonial and dominion Acts and Orders....
Locke's Act
Locke's Act (English), (23 & 24 Vict. c. 127), the Solicitors Act, 1860, amending the law as to the admission etc., of solicitors. Secs. 22 (in part) and 34, 35 have not been repealed by the Solicitors Act, 1932 (23 & 24 Geo. 5, c. 37).Locke-King's Act (English) (17 & 18 Vict. c. 113), the Real Estates Charges Act, 1854 (amended by the Real Estate Charges Act, 1867 and 1877 (30 & 31 Vict. c. 69, and 40 & 41 Vict. c. 34)), whereby the heir or devisee of real estate was first precluded from claiming payment of a mortgage on such estate out of the personal assets of the ancestor or testator. In respect of deaths after 1925, both these Acts were repealed and reproduced and extended by the Administration of Estates Act, 1925; see s. 35....
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