Section 602 - Law Dictionary Search Results
Home Dictionary Name: section 602 Page: 5 Page 5 of about 697 results (0.002 seconds)Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Immovable
Immovable, not to be forced from its place, the characteristic of things real, or land. The courts of one country in general have no jurisdiction over immovable situate out of that country, see British South Africa Co. v. Companhia de Mozambique, 1893 AC 602. Also in foreign systems of law a term of the capital division of things into movable and immovable instead of real and personal....
Sexual intercourse
Sexual intercourse, the dictionary meaning of the words 'sexual intercourse' is heterosexual inter-course involving penetration of the vagina by the penis, Sakshi v. Union of India, (2004) 5 SCC 518; see also Koppula Venkata Rao v. State of Uttar Pradesh, (2004) 3 SCC 602. (Indian Penal Code, s. 375)...
Suez Canal
Suez Canal. By agreement ratified by the (English) Suez Canal Shares Act, 1876, 176,602 shares in the Suez Canal Company were acquired by the Crown by purchase from the Khedive of Egypt for about 4,000,000l. sterling....
Teaching experience in a teaching institution
Teaching experience in a teaching institution, teaching institutions as such may be too wide if extended all over the globe but viewed in the perspective of the Indian Medical Council Act, 1956 certainly they cover institutions expressly embraced by the provisions of the statute, State of Bihar v. Dr. Asis Kumar Mukherjee, AIR 1975 SC 192: (1975) 3 SCC 602: (1975) 2 SCR 894....
To negotiate for sale
To negotiate for sale, the expression 'to negotiate for sale' in relation to the authority of an estate agent, has a definite legal connotation. He gets an authority to find a purchase, but he cannot bind the principal by entering into a contract of sale, Shanti Vijay and Co. v. Princess Fatima Fouzia AIR 1980 SC 17 (25): (1979) 4 SCC 602: (1980) 1 SCR 459....
Voluntary winding up and winding up by the court
Voluntary winding up and winding up by the court, the expressions 'voluntary winding up' and 'winding up by the Court' have acquired a technical meaning in our Company and Insurance jurisprudence. Like the Co-operative Society Laws, the Companies Act and the Insurance Act also make a distinction between the cessation of business by a company and its voluntary winding up or winding up by an order of the Court. There is nothing unequivocal in s. 15(a) of the Act to show that Parliament intended to depart from the technical meaning of 'voluntary winding up' and 'winding up by the Court' and to bid a good-bye to the distinction in our Company and Insurance jurisprudence between mere cessation of business by a company and its voluntary winding up or winding up by an order of the Court. The phrase 'voluntarily wound up' in the first limb would mean the voluntary winding up of an insurance public company in accordance with s. 54 of the Insurance Act, The Neptune Assurance Co. Ltd.v. Union of ...
Manner
Manner, in Black's Law Dictionary, the word 'Manner' has been defined to mean that 'a way, mode, method of doing anything, or mode of proceeding in any case or situation'. As per the Webster's International Dictionary, 'Manner' means 'method or mode or style'. In the Stroud's Dictionary it is stated that the words 'manner and form' refer only 'to the mode in which thing is to be done or time for doing it', Dr. Jachani Rashtreeya Seva Peetha Basavanagudi v. State of Karnataka, AIR 2000 Kant 91.Manner means method of procedure and to provide for an appeal is to provide for a mode of procedure, Asnew Drums Private Ltd. v. Maharashtra State Finance Corporation, AIR 1972 SC 801: (1971) 3 SCC 602: (1972) 1 SCR 351. [State Financial Corporation Act, 1951, s. 32 (8)]...
Sale of goods and purchase of goods
Sale of goods and purchase of goods, in order to constitute a sale there must be an agreement for sale of goods for a price and the passing of property therein pursuant to such an agreement, in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods which of course presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. Unless all these elements are present, there can be no sale'.On the other hand to constitute a 'purchase of goods' within this Entry, there must be an agree-ment for purchase of goods and the passing of property therein pursuant to such an agreement, State of Madras v. Gannou Dunreeley & Co., AIR 1958 SC 560 followed; Andhra Sugars Ltd. v. State of Andhra Pradesh, AIR 1968 SC 599 (602). [Constitution of India, Sch. 7, List 2, Entry 54]...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
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