S 55 - Law Dictionary Search Results
Home Dictionary Name: s 55 Page: 2 Page 2 of about 10,583 results (0.006 seconds)Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
City of London Court
City of London Court. The City of London Court was, prior to the County Courts Act, 1867 (30 & 31 Vict. c. 142), s. 55, known as the 'Sheriffs Court of the City of London.' Its procedure was, theretofore, regulated by Acts and Rules peculiar to itself; but by the County Courts Act, 1934, s 186, replacing s. 185 of the County Courts Act, 1888, it becomes to all intents and purposes a county Court. by amalgamation with the Mayor's Court of London, it becomes the Mayor's and City of London Court, and the latter possesses the powers and jurisdiction of both the former Courts. See Mayor's and City of London Court Act, 1920 (c. cxxxiv.). As to sittings of the High Court of Justice in the city of London, see ROYAL COURTS OF JUSTICE....
Bargain and sale
Bargain and sale, A contract for the sale of real or personal property of any kind operating under the Statute of Uses as a conveyance of the land, or at Common Law, from early times of goods sold without delivery, the vendor of land being held originally to possess or be seised of the property to the use of the purchaser. In the case of goods the Common Law rule was and is that the property may be transferred by the contract if the parties so intend [see Ogg v. Shuter, (1875) LR 10 CP at p.162; and (English) Sale of Goods Act, 1893, s. 20]. In the case of land a similar result was effected by the Statute of Uses (27 Hen. 8, c. 101), which attached the property to the use and turned it into a legal estate. No formalities were required for a bargain and sale of lands until 27 Hen. 8, c. 16, required that bargains and sales of any estate of inheritance must be by deed enrolled within six months in the records of one of the King's Courts at Westminster. The devise of a lease and release (...
Contravention
Contravention, an act done in violation of a legal condition or obligation; particularly any act by an heir of entail in opposition to the provisions of the deed of entail; also, the action founded on the breach of law-burrows, Bell's Dict.--Art. 13(2) provides that the law shall be void to the extent of the contravention. Contravention in the context takes place only once when the law is made, for the contravention is of the prohibition to make any law which takes away or abridges the fundamental rights. There is no question of the contravention of Art. 13(2) being a continuing matter, Mahendra Lal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019 (1030): 1963 Supp (1) SCR 912. [Constitution of India, Art. 13(2)]Contravention, in relation to any requirement of the Act, includes a failure to comply with the requirement, Betting, Gaming and Lotteries Act, 1963, s. 55(1) (UK), Halsbury's Laws of England, Vol. 4(1), para 56, p. 37....
Intestates Estates Act, 1884 (English)
Intestates Estates Act, 1884 (English) (47 & 48 Vict. c. 71), ss. 2 and 3, whereby administration for the Crown of the personal estate of an intestate is conducted on similar principles to those of an ordinary administration. The sections have been reproduced and amended by ss. 30 and 57, A.E. Act, 1925. The other provisions of the Intestates Estates Act,1884 (except s. 55), have been repealed by the A.E. Act, 1935. By the repealed s.s, when a person died intestate and without an heir, his estate, legal or equitable, in any incorporeal hereditament, and any equitable estate in any corporeal hereditament, escheated to the Crown. Provision was also made for the waiver of the rights of the Crown in certain cases. See ESCHEAT....
Nominatim
Nominatim, by name; expressed one by one.--the act of mentioning by name; especially the power of appointing, by virtue of some manor or otherwise, a clerk to a patron of a benefice, by him to be presented to the ordinary. A nominator must appoint his clerk within six months after avoidance; if he do not, and the patron presents his clerk before the bishop has taken any benefit of the lapse, he is obliged to admit such clerk, Plowd. 529. Also [see (English) Ballot Act, 1872; (English) Municipal Corporations Act, 1882, s. 55; Representation of People (No. 2) Act, 1920 (10 & 11 Geo. 5, c. 35]; and (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), Sched. II., Part I., para. 2 (1) the written proposal of a candidate at a parliamentary or municipal election. A to the power of a member of a friendly society or an industrial or a provident society to dispose by 'nomination' of sums payable on his death, see Friendly Societies Act, 1896, s. 56; Friendly Societies Act, 1908, s. 5; B...
Personal chattels
Personal chattels, goods, money, or moveables, and see the definitions in the Optional Statutory Forms of Wills prescribed under the Law of Property Act, 1925, s. 179, by S.R. & O., 1925, No. 780/L.15, and Adm. Of Estates Act, 1925, s. 55....
Representative
Representative, bearing the character or power of another. Before 1926, an heir-at-law or devisee was a real representative; an executor or administrator is a personal representative. See now definition in the (English) Settled Land Act, 1925, s. 117 (xviii.), and Administration of Estates Act, 1925, s. 55 (xi.). If the plaintiff sues, or any of the defendants is sued, in a representative character, this must be stated on the writ, and must also appear in the title or heading of the statement of claim [Ord. III., r. 4; Re Tottenham, (1896) 1 Ch 628], and Ord. XVI., r. 19, as to representation of parties in an action.One who stands for or act on behalf of another, Black's Law Dictionary, 7th Edn., p. 1304...
Tax Recovery Officer
Tax Recovery Officer, means a Tax Recovery Officer appointed by the State Government under sub-s. (4) of s. 55. [West Bengal Value Added Tax Act, 2003, s. 2(51)]...
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