Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Deceptively similar, a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (c)]A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)]In order to come to the conclusion whether one mark is deceptively similar to another, the broad and essential features of the two are to be considered. They should not be placed side by side to find out if there are any differences in the design and if so, whether they are of such character as to prevent one design from being mistaken for the other. It would be enough if the impugned mark bears such an overall similarity to the registered mark as would be l...
Export, includes the taking or sending out of goods by land, sea or air, on consignment or by way of sale, lease, hire-purchase, or under any other arrangement by whatever name called, and in the case of software, also includes transmission through any electronic media. [The Foreign Exchange Management (Export of Goods and Services Regulations, 2000, s. 2 (iv)]Means--(i) taking goods, or providing services, out of India, from a Special Economic Zone, by land, sea or air or by any other mode, whether physical or otherwise; or(ii) supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer; or(iii) supplying goods, or providing services, from one unit to another unit or Developer, in the same or different Special Economic Zones, Special Economic Zones Act, 2005, sec. 2(m).With the grammatical variations and cognate expression, means taking out of India of a place outside India, Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regula...
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Protection officer, means an officer appointed by the State Government under sub-section (1) of section 8. [Protection of Women From Domestic Violence Act, 2005, s. 2(n)]...
Protection order, means an order made in term of section 18. [Protection of Women From Domestic Violence Act, 2005, s. 2(o)]Protection Order. 1. A wife deserted by her husband may obtain from a magistrate or the Divorce Court an order to protect property acquired and to be acquired by her since desertion, as if she were a feme sole; after the order is granted, she sues and is sued as a feme sole. The husband may apply to the magistrate who made the order, or his successor, for the discharge thereof, 20 & 21 Vict. c. 85, s. 2; 27 & 28 Vict. c. 44, s. 1; 28 & 29 Vict. c. 43 (Ireland). See DESERTION; MARRIED WOMEN'S PROPERTY. 2. An order obtained under s. 88 of the Licensing Act, 1910, from the justices authorizing the transferee of a justices' licence to carry on business and to sell intoxicating liquors until the next licensing sessions....
Canal. As to breaking down bank, dam, wall, etc., of, see Malicious Damage Act, 1861, s. 30; as to setting fire to buildings belonging to, see s. 4; as to stealing vessels from, see Larceny Act, 1916, s. 15.By the (English) Canal Tolls Act, 1845 (8 & 9 Vict. c. 28), canal companies may vary their tolls, but must charge the public equally; and by the (English) Canal Carriers Act, 1845 (8 & 9 Vict. c. 42, they may act as carriers. The Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), as amended by the (English) Regulation of Railways Act, 1873 (36 & 37 Vict. c. 48), provides for the interchange of traffic between canal and railway companies, and for the due maintenance of canals by railway companies owning them; and the (English) Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25), gives 'the Railway and Canal Commission' extensive control over the management of canals, more especially if owned by railway companies, and provides for a new classification and schedule of rat...
Child in need of care and protection, s. 2(d) 'child in need of care and protection' means a child-(i) who is found without any home or settled place or abode and without any ostensible means of subsistence, (ii) who resides with a person (whether a guardian of the child or not) and such person-(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or (b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person, (iii) who is mentally or physically challenged orill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, (iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child, (v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is m...
Covenant [fr. Covenant, Fr.], any agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stiuplates for the truth of certain facts. He who thus promises is called the covenantor; and he to whom it is made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is limited for its performance, that it be performed in a reasonable time.Covenants are personal obligations; formerly the did not bind theheirs of the covenanter unless the heirs were named and inthat case only to the extent of the lands descended, but if made ...