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idem sonans
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 … may be used to establish the likelihood of confusion on the part of consumers in a trademark infringement case.
equal protection
other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement … unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not
Manufacture
AIR 1990 SC 59 (62): (1989) 4 SCC 112: (1989) 3 SCR 784. The prevalent and generally accepted test to ascertain that there is 'manufacture' is whether the change or the series of changes brought about by … which the original commodity is made to pays. The nature and extent of processing may vary from one case to another, and indeed there may be several stages of processing and perhaps a different kind of processing
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Measure of damage
Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in … at the date the contract is broken will as a rule give the measure of damage. The leading case upon the subject is Hadley v. Baxendale, (1854) 9 Exch 341. Profits upon an expected re-sale cannot, in
Net wealth tax
or to non-residents, are deductible if their existence is established in conformity with the legal requirements. The usual test of deductibility, as applied by the Division of National Taxes, is whether or not there is an actual, … tax-payer with independent legal existence, that is, an individual or a legal entity (juridical person), while in the case of taxes in the second group, the taxable object itself is deemed liable for the tax, in addition
Law
of Madras, AIR 1950 SC 27: (1950) SCR 88. It is manifest that the law must satisfy two tests before it can be a valid law, namely, (1) that the appropriate legislature has competency to make the … unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority
University
Irish Free State, the University of Dublin (and Trinity College), and the National University of Ireland. Abolition of Tests.-The (English) Universities Tests Act, 1871 (34 & 35 Vict. c. 26), proceeding on the preamble 'that it is … (other than an honorary degree) at any University forming, or forming part of, the constituency, or in the case of Scottish Universities qualified under 31 & 32 Vict. c. 48, s. 37, are entitled to be registered
Extent
of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, … the chattels and lands of the deceased debtor, and seize them into the Crown's hands. See generally the cases in Mew's Digest, tit. 'Crown (Execution by Extent)'; West on Extents; Robertson on the Crown, ch. iii.
not guilty by reason of insanity
that the defendant was insane at the time of committing the crime as determined by application of the test for insanity used in the jurisdiction compare guilty but mentally ill NOTE: A verdict of not guilty by … for an insanity defense to be presented 2 : a verdict rendered by a jury in a criminal case that finds that the defendant was insane at the time of committing the crime as determined by application
Soon before
formula can be laid down by fixing any time-limit. This expression is pregnant with the idea of proximity test. The term 'soon before' is not synonymous with the term 'immediately before' and is opposite of the expression … before' is a relative term which requires to be construed in the context of specific circumstances of each case and no hard-and-fast rule of any universal application can be laid down by fixing any time-limit, Vidhya Devi
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