To State - Law Dictionary Search Results
Home Dictionary Name: to state Page: 2Account stated
Account stated, An account stated is the admission of a balance due from one party to another, and that balance being due there is a debt; the statement of the account and the admission of the balance implies a promise in law to pay it; see Irving v. Veitch, (1837) 3 M&W 106. The account must have been stated before action brought. An account stated, however, creates only a prima facie liability, which may be rebutted by disputing the debts charged in the account, as, for instance, by proving mistake (among other ordinary defences); Camillo Tank Steamship Co. v. Alexandria Engineering Works, (1921) 38 TLR 134. For statutory power to re-open an account stated, see MONEY LENDERS ACT. By the Infants Relief Act, 1874 (37 & 38 Vict. c. 62), s. 1, an account stated with an infant is void.The expression 'account stated' has more than one meaning. It sometimes means a claim to payment made by one party and admitted by the other to be correct. There is, however, a second kind of account stated ...
Indian State
Indian State, 'Indian State' means any territory which the Government of the Dominion of India recognised as such a State. [Constitution of India, Articles 366(15)]Indian State shall mean any territory which the Central Government recognised as such a State before the commencement of the Constitution, whether described as a State, an Estate, a Jagir or otherwise. [General Clauses Act, 1897 (10 of 1897), s. 3(30)]Indian State, is any territory which the Government of the Dominion of India recognised as such a State, Constitution of India, Art. 366(15)...
Inter-State migrant workman
Inter-State migrant workman, 'inter-State migrant workman' means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment. [Inter-State Migrant Workmen (Regulation of Employ-ment and Conditions of Service) Act, 1979 (30 of 1979), s. 2(1) (e)]Means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, s. 2 (1) (e)...
Corporation owned or controlled by the State
Corporation owned or controlled by the State, the expression 'Corporation owned or controlled by the State' means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in s. 617 of the Companies Act, 1956, a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State, being a society established or admini-stered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments. [Land Acquisition Act, 1894 (1 of 1894), s. 3 (cc)]...
Sale or purchase of goods shall be deemed....inter-State trade or commerce
Sale or purchase of goods shall be deemed....inter-State trade or commerce, According to s. 3 of the Act, a sale or purchase of goods shall be deemed to take place in the course of inter-State trade or commerce. A sale of goods can be held to have taken place in the course of inter-State trade, if it can be shown that the sale has occasioned the movement of goods from one State to another. A sale in the course of inter-State trade has three essentials: (i) there must be sale, (ii) the goods must actually be moved from one State to another and (iii) the sale the movement of the goods must be part of the same transaction. The word 'occasions' is used as a verb and means to cause or to be the immediate cause of, Kelvinator of India Ltd. v. State of Haryana, AIR 1973 SC 2526: (1973) 2 SCC 551: (1974) 1 SCR 463....
Inter-State sale
Inter-State sale, if the movement of goods from one State to another is the result of a covenant or an incident of the contract of sale, then the sale is an inter-State sale, Union of India v. K.G. Khosla & Co. Ltd., AIR 1979 SC 1160: (1979) 2 SCC 242: (1979) 3 SCR 453.When the contract itself involved the movement of goods from the factory situated in one State to the purchased in another State across the border it is an interstate sale, Cement Marketing Co. v. State of Mysore, AIR 1963 SC 980 (983)....
So long as that tax continues to be levied in that State
So long as that tax continues to be levied in that State, the plain and simple meaning which must be culled out from the said expression in the context of the other phraseology in clause (2) is that the local authority can claim protection under clause (2) if it is a local authority in the same State in which it was before the advent of the Constitution. There does not seem to be any ambiguity in this matter and there is, therefore, no escape from the position that Bellary Municipal Council in the city of Bellary which was a local authority within the State of Madras cannot take the advantage of clause (2) as at the time when it was making the claim for realisation of the tax it was a part of the Mysore State. It is neither necessary nor advisable for us to speculate or hazard a surmise to find out a reason for making this distinction between the right of a local authority in the same State and being part of the different States in the pre-Constitution and post-constitution eras, Union...
Affairs of State
Affairs of State, Matter of public nature with which State is concerned. [Evidence Act (1 of 1872), s. 123]The expression 'affairs of State' in its ordinary significance is of the widest amplitude and will mean the entire business of State. It takes in the routine day-to-day administration and also highly confidential acts involving defence and foreign relations, and also in modern times the multifarious activities of a welfare State, State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493 (529): (1961) 2 SCR 371. (Evidence Act, 1872, s. 123)...
For such State or any part thereof
For such State or any part thereof, The expression 'for such State or any part thereof' occurring in article 246(3) of the Constitution of India cannot be taken to import into entry 54 of II List the restriction that the sale or purchase referred to must take place within the territory of that State. All that it means is that the laws which a State is empowered to make must be for the purposes of that State, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.For the most part, means more than half, Reg. v. H.M. Treasury, Ex parte Cambridge University (ECJ), (2001) 1 WLR 2514.For the purpose of business, amount spent on third persons who have no connection with petitioner's business. Such expenditure cannot said to be for the purpose of rationalisation of administration or modernization of machinery or for preservation of business or for protecting its assets and property, C.I.T. v. Malayalam Plantation Ltd., AIR 1964 SC 1722 [Income Tax Act, 1961]Occurring ...
states' rights
states' rights 1 : rights and powers not forbidden to the states nor vested in the federal government by the U.S. Constitution 2 sing in constr : a doctrine based on states' rights that has been used to justify state resistance to federal authority in matters seen as the exclusive concern of the states and that is most often associated with the states favoring slavery and secession in the 19th century compare federalism ...
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