Trade Usage - Law Dictionary Search Results
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trade usage : usage of trade ...
usage of trade
usage of trade :a practice or method of dealing that is regularly observed in a place, vocation, or trade and that one justifiably expects to be followed by another party to a commercial transaction compare course of dealing, course of performance NOTE: Evidence of a usage of trade may be admissible as supplementing the express terms of a disputed contract when it does not contradict them. ...
usage
usage : an habitual or uniform practice esp. in an area or trade compare custom ...
Usage
Usage, denotes a habit or a mode of conduct or a course of action. Though such behaviour may generally be linked with human actions it is not the identify of the person vis-'-vis his caste which matters in discerning the contours of any 'usage'. 'Usage' is described as different from custom as there is no usage through inheritance though a right can be acquired by prescription. 'Usage in its most extensive meaning, includes both custom and prescription, but in its narrower significance, it refers to a general habit, mode or course of procedure. A usage differ from a custom, in that it does not require to be immemorial to establish the same, but the usage must be known, certain, uniform, reasonable and contrary to law'. Usage has been referred to a course of dealing; or a mode of conducting transactions of a particular kind. It cannot be understood as referring to any entitle-ment of a person to hold a particular office, N. Adithayan v. Travancore Devaswom Board (FB), AIR 1996 Ker 169; ...
Contract of marine insurance
Contract of marine insurance, may, by its express terms or by trade usage, be extended so as to protect the assured against losses on inland waters or against any land risk which may be incidental to a sea voyage, and it may also cover a ship in the course of building, or the launch of a ship, or any adventure analogous to a marine adventure, Jackson v. Mumford, (1904) 9 Com Cas 114....
Regulated by usage
Regulated by usage, the phrase 'regulated by usage' in s. 6(9) of the Madras Hindu Religious and Charitable Endowments Act, 1951, must be construed along with the phrase 'succession to this office' and when so construed that part of the definition would only apply where the ordinary rules of succession under the Hindu law are modified by usage and succession has to be deter-mined in accordance with the modified rules, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Custom and usage
Custom and usage, signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family. [Hindu Marriage Act, 1955 (25 of 1955), s. 3 (a)]The expressions 'custom' and 'usage' signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family. [Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), s. 3 (a)]...
Trade
Trade [fr. trutta, Ital.], traffic; intercourse; commerce; exchange of goods for other goods, or for money.The business of buying and selling or bartering goods or services, Black's Law Dictionary, 7th Edn., p. 1500.As to contracts in restraint of trade, see RESTRAINT OF TRADE.A 'trade association' means an association of tradesmen, businessmen or manufacturers for the protection and advancement of their common interest, State of Gujarat v. Mahesh Kumar Dhirajlal Thakkar, AIR 1980 SC 1167: (1980) 2 SCC 322.It means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (s)]Means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services. [Competition Act, 2002 (12 of 2003), s. 2(x)]The ...
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