Same And Similar - Law Dictionary Search Results
Same 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 ...
Same work or work of a similar nature
Same work or work of a similar nature, means work in respect of which the skill, effort and respon-sibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]The expression contemplates stress upon the similarity of skill, effort and responsibility when performed under similar conditions, State of Madhya Pradesh v. Pramod Bhartiya, AIR 1993 SC 286 (292). [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]...
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...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
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....
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. ...
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 ...
Talis non est eadem; nam nullum simile est idem
Talis non est eadem; nam nullum simile est idem (4 Co. 18), what is like is not the same; for nothing similar is the same....
Quo ligatur, Enquiry Officer dissolvitur
Quo ligatur, Enquiry Officer dissolvitur. 2 Rol. Rep. 21, (By the same mode by which a thing is bound, by that is it released.) Similarly, Quo modo quid constituitur, eodem modo dissolvitur. Jenk. Cent. 74, (In the same manner by which anything is constituted, by that it is dissolved.) See REVOCATION; DEED....
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »