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Licence and lease

permission issued or granted under this Act. [Foreign Trade (Development and Regulation) Act, 1992, s. 2 (g)] The test to ascertain whether instrument is a licence or lease, substance of the document must be preferred to the

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

Regularly kept books of account

book of account has been regularly kept the nature of occupation is an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that

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Motor Car

diseases or disabilities which might cause him to be a source of danger); also he must pass a test in actual driving; but a person who has had a driving licence previously to the commencement of the

Not yet become binding on the parties

stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have

Public order

what the French call 'order publique' and is something more than ordinary maintenance of law and order. The test to be adopted in determining whether an act affects law and order or public order, is: Does it

Salami

of the landlord. The payment may be made in a single sum, but that is not a conclusive test, for salami can be paid in a single payment or by installments. The real test is whether the

Shadow of doubt

Shadow of doubt, in its practical application in circumstantial evidence, the test which requires the exclusion of other alternative hypothesis is far more rigorous than the test of proof beyond

Substantial part

Substantial part, might suggest a quantitative test, or at least the ability to identify some discrete part which, or quantitative or qualitative grounds, can be

Expert witness

to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case.

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