Through An Agent - Law Dictionary Search Results
Home Dictionary Name: through an agentThrough an agent
Through an agent, means where a contract is made by an agent, the latter purports to bind his principal, but where the contract is made through an agent, the meaning is that the terms of the contract are arranged through mediation of the agent, National Mortgage, etc. Ltd. v. Gosslin, etc., (1922) 38 TLR 832....
Place of business
Place of business, includes a warehouse godown or other place where a dealer stores his goods and any place where the dealer keeps his books of accounts. [Maharashtra Value Added Tax Act, 2002, s. 2(18)]Place of business, includes--(i) in any case where a dealer carries on business through an agent by (whatever name called), the place of business of such agent;(ii) a warehouse, godown or other place where a dealer stores his goods; and(iii) a place where a dealer keeps his books of account. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (dd)]Place of business, means any place where a dealer carries on business and includes:(a) a warehouse, godown or other place where a dealer stores or processes his goods;(b) any place where a dealer produces or manufactures goods;(c) any place where a dealer keeps his book of account,(d) any vehicle or vessel or any other carrier where in the goods are stored or used for transporting the goods;(e) any place of business of any agent by whatever name c...
agent
agent 1 : someone or something that acts or exerts power : a moving force in achieving some result 2 : a person guided or instigated by another in some action [where the heads of departments are the political…s of the executive, merely to execute the will of the president "Marbury v. Madison, 5 U.S. 137 (1803)"] see also innocent agent 3 a : a person or entity (as an employee or independent contractor) authorized to act on behalf of and under the control of another in dealing with third parties see also agency, fiduciary relationship, subagent compare fiduciary, principal, servant apparent agent : an agent acting under an agency by estoppel bar·gain·ing agent : a labor union that represents the employees in a bargaining unit in negotiating with their employer through collective bargaining business agent : an agent that handles business affairs for another person or organization ;esp : a paid official of a union who carries on union business between the employ...
Friend or agent
Friend or agent, a 'friend' who, in truth and substance, is a friend of the detenu may appear for the detenu but if such a 'friend' also happens to be a legal practitioner, he cannot, as of right, appear before the Advisory Board on behalf of the detenu. The same reasoning will apply to appearance by an 'agent'. In other words, if an 'agent' is in 'truth and substance' an agent, the detenu may appear through him. But if the 'agent' is a legal practitioner, appearance by him as of right will be barred. But a 'friend' or an 'agent' of the detenu who in essentially a comrade in the profession of the detenu for which he is detained, such a 'friend' or 'agent' will also be barred from appearance on behalf of the detenu, Devji Vallabhbhai Tandel v. Administrator of Goa, AIR 1982 SC 1029: (1982) 2 SCC 222: (1982) 3 SCR 553....
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Carries on business
Carries on business, the mere fact that the expression, 'carries on business' is used along with the other expressions, does not mean that it would apply only to such persons to whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300]Carries on business, as enumerated and 'personally works for gain' connotes two different meanings. The phrase 'carries on business' under s. 62(2) at a certain place would mean having an interest in a business at that place, a voice in what is done a share in the gain or loss and some control thereon. Such business may be carried at the place through an agent or a manager through a servant, Jay Engineering Works Ltd. v. Ramesh Aggarwal, MIPR, 2007 (1) 6058 (Del).Carries on business, in a particular commodity must depend upon the volume, frequency, continuity and regularity of transactions of purchase and sale in a class...
Through
Through, connotes 'medium', 'agency' or 'instrument'. But the use of the word by itself cannot clearly create a relationship of a principal and an agent. The word is also used to express 'direction' or to indicate an emphasis intervening or intermediate stage, Rajnath v. Public Service Commission, 1955 MB 56....
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Mercantile agent
Mercantile agent. The Factors Act, 1839 (English) (52 & 53 Vict. c. 45), s. 1, defines a mercantile agent as 'a mercantile agent having in the customary course of his business as such agent authority either to sell goods or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods.' A mercantile agent has implied authority to pledge the goods entrusted to him, Weiner v. Harris, (1910) 1 KB 285. See also Weiner v. Gill, (1906) 2 KB 574; and Kempler v. Bravingtons Ltd., (1925) 133 LT 680.It means mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (9)]...
Necessity, agent of
Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928...
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