Section 753 - Law Dictionary Search Results
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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...
Honorarium
Honorarium, a recompense for service rendered; a voluntary fee to one exercising a liberal pro-fession--e.g., a barrister's fee. See PHYSCIAN.A payment of money or anything of value made to a person for services rendered for which fee cannot legally be or are not traditionally paid, Black's Law Dictionary, 7th Edn.The Shorter Oxford Dictionary gives the meaning of the word 'honorarium' as an honorary reward, a fee for professional service rendered, while on the meanings of the word 'salary' is, fixed payment made periodically to a person as compensation for regular work, remuneration for services rendered, fee, honorarium. Thus, in one aspect honorarium and fee are used almost as though they are interchangeable terms, Karbhari Bhimaji Rohamare v. Shanker Rao Genuji Kolhe, AIR 1975 SC 575 (577): (1975) 1 SCC 252: (1975) 2 SCR 753....
Penalty sale tax
Penalty sale tax, penalty is not merely sanction. It is not merely adjunct to assessment. It is not merely consequential to assessment. It is not merely machinery. Penalty is in addition to tax and is a liability under the Act, Khemka & Co. (Agencies) Pvt. Ltd. v. State of Maharashtra, AIR 1975 SC 1549: (1975) 3 SCR 753: (1975) 2 SCC 22....
Powers
Powers, the word 'powers' used in Article 194(3) must be considered along with the words 'pri-vileges and immunities' to which the said clause refers. The powers of the House of the Legislature of a State to which reference is made in Article 194(3) may, for instance, refer to the powers of the House to punish contempt of the House, Purushothaman Nambudiri v. State of Kerala, AIR 1962 SC 694 (700): (1962) 1 Supp SCR 753. [Constitution of India, Art. 194(3)]...
Proof
Proof, does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion, Hawkins v. Powells Tillery Steam Coal Co. Ltd., (1911) 1 KB 988: 1911 WN 53.Proof, evidence, testimony, convincing token means of conviction. Also standard strength of spirituous liquids.See BURDEN OR PROOF; EVIDENCE; BANK-RUPTCY; WINDING-UP.The word 'proof' need be understood in the sense in which it is defined in the Evidence Act because proof depends upon the admissibility of evidence. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This is the definition given for the word 'proved' in the Evidence Act. What is required is production of such materials on which the court can reaso...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Such court
Such court, 'Such Court' means in the context of that rule the Court in which the suit is pending. In other words, the suit must be one not only pending in that Court but also one against the holder of a decree of that Court, Shaukat Hussai alias Ali Akram v. Bhuneshwari Devi, AIR 1973 SC 528 (532): (1972) 2 SCC 731: (1973) 1 SCR 1022. (C.P.C., 1908, O. 21 R. 29)(ii) The words 'such Court' used in s. 195(1)(c) mean the very Court before which a party to a proceeding in that Court has produced or tendered in evidence a document in respect of which the offence is alleged to have been committed. Clause (c), means that it is that Court before which there is a proceeding and a party to such a proceeding is said to have committed an offence in respect of a document produced or tendered in evidence by him, on whose complaint the offence can be taken cognizance of, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639 (2651): (1973) 3 SCC 753: (1973) 2 SCR 66. [Criminal PC, (5 of 1898...
Sufficient ground
Sufficient ground, the words 'sufficient ground' used also in s. 203 and in s. 209 have been construed to mean the satisfaction that a prima facie case is made out against the person accused by the evidence of witnesses entitled to a reason-able degree of credit, and not sufficient ground for the purpose of conviction, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639: (1973) 3 SCC 753: (1973) 2 SCR 66. (Cr PC, 1898, s. 203 and 209)The words 'sufficient grounds' do not mean sufficient grounds for the purpose of conviction but mean such evidence as would be sufficient to put the accused upon trial by the jury, Ramgopal Ganpatrai Ruia v. State of Bombay, AIR 1958 SC 97: (1958) SCR 618....
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
Town
Town, denotes the existence of houses in close proximity, concentration of a large number of people in a comparatively small area, engagement of a bulk of the population in non-agricultural activities, Baliat Sheikh v. State of West Bengal, AIR 1952 Cal 753; State v. Jagdish B. Rao, AIR 1970 Goa, Daman and Diu 54.Town, is an assemblage of buildings, public or private larger than a village and having more complete and independent local government, AIR 1970 Goa 54 (55). (Police Act, 1861, s. 34)1. A center of population that is larger and more fully developed then a village, but that is not incorporated as a city2. The territory within which this population lives, Black's Law Dictionary, 7th Edn.Ville [fr. tun, Sax.], a tithing or vill; any collection of houses larger than a village. A place 'cannot be a towne in law, unlesse it hath, or in time pasthath had, a church, and celebration of divine service, sacraments, and burials' (Co. Litt. 115 b). 'And it appeareth by Littleton, that a to...
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