Same And Similar - Law Dictionary Search Results
Home Dictionary Name: same and similarSame and similar
Same and similar, although the word same is frequently used in the sense of similar, the word similar never means 'same', AIR 1956 Punj 49 (55). (Partnership Act, 1932, s. 54)The two words 'same' and 'similar' connote different concepts and therefore the carrying of a similar business will not meet the requirements of the section. If one business cannot be conveniently carried on after the closure of the other, there would be a strong indication that the two businesses constituted the 'same business' but, no decisive inference could be drawn from the fact that after the closure of one business another may conveniently be carried on. The real test would be: was there any inter-connection, any interlacing, any inter-dependence, any unity at all embracing those two businesses. Such inter-connection, inter-relation, inter-dependence and unity exist when there is common management, common business organisation, common administration, common fund and a common place of business, B.R. Limited ...
Nominal wages
Nominal wages, in relation to any labour, means a wages which is less than,--(a) the minimum wages fixed by the Government, in relation to the same or similar labour, under any law for the time being in force; and(b) where no such minimum wage has been fixed in relation to any form of labour, the wages that are normally paid, for the same or similar labour, to the labourers working in the same locality. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976) s. 2 (i)]...
Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
horizontal unionism
horizontal unionism : a form of labor organization in which unions are made up of workers with the same or similar skills or crafts or having the same status ...
idem sonans
idem sonans [Latin, sounding the same] : relating to or being two names having the same or similar pronunciation or sound [the two names are not idem sonans "Johnson v. Estelle, 704 F.2d 232 (1983)"] [the idem sonans test] compare misnomer NOTE: An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party (as in identifying a corporation as a partnership). The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in a trademark infringement case. ...
Words
Words. See DEFAMATION.When words acquire a particular meaning or sense because of their authoritative construction by superior courts, they are presumed to have been used in the same sense when used in a subsequent legislation in the same or similar context, Keshavji Ravji and Co. v. Commissioner of Income Tax, (1990) 2 SCC 231 (244): (1990) 2 SCR 243: AIR 1991 SC 1806....
ademption
ademption [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain] 1 : the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies 2 : the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement NOTE: Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption. ...
due care
due care : the care that an ordinarily reasonable and prudent person would use under the same or similar circumstances called also ordinary care reasonable care see also due diligence compare fault, negligence ...
Conform
Of the same form similar in import conformable...
Apportion
Apportion, according to the Shorter Oxford English Dictionary, 3rd Ed., Vol., 1 p. 87, to 'apportion' is 'to assign as a proper portion'. An assignment as a proper portion of the dividends would mean an assignment in the same or similar ratio as the respective profits of the two segments bear to the total profits of the company, C.I.T. v. T.V. Sundaram Iyengar (P.) Ltd., (1976) 1 SCC 77 (84): AIR 1976 SC 255....
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