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U Dictionary

use and occupation

use and occupation : an action in which the owner of property seeks compensation for use and occupation of the premises by another (as a tenant remaining in possession after expiration of a lease) ...


Use and occupation, Action for

Use and occupation, Action for, an action for dam-ages upon the case for breach of an implied agreement to pay for the use of a landlord's property under the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 14, whereby it is enacted that it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action on the case, for the use or occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parole demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered. Apparently, the action is not for damages ex delictu, because the action is not maintainable against a trespasser or wrong-doer, an action for debt on the demise but not upon covenant ...


use immunity

use immunity see immunity ...


use in commerce

use in commerce For the purpose of obtaining federal trademark registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Source: U.S. Patent and Trademark Office ...


Use in transaction for trade or commerce

Use in transaction for trade or commerce, the expression 'use in transaction for trade or commerce' means use for the purpose of determining or declaring the quantity of anything in terms of measurement of length, area, volume, capacity or weight in or in connection with (a) any contract, whether by way of sale, purchase, exchange or otherwise, or (b) any assessment of royalty; toll; duty or other dues, or (c) the assessment of any work done or services rendered, otherwise than in relation to research or scientific studies or in individual households for household purpose, Mohan Meakins Breweries Ltd. v. Controller of Weights and Measures, AIR 1989 SC 959 (961): (1989) 2 SCC 405: (1989) 1 SCR 475. [U.P. Weights and Measures Enforcement Act (5 of 1959), s. 2 (JJ), 7]...


Use of dictionaries

Use of dictionaries, the ordinary dictionary mean-ing cannot be discarded simply because it is given in a dictionary. To do that would be to destroy the literal rule of interpretation. This is a basic rule relying upon the ordinary dictionary meaning which, in the absence of some overriding or special reasons to justify a departure, must prevail, Commissioner of Wealth Tax v. Officer-in-Charge, AIR 1977 SC 113 (177): (1976) 3 SCC 864: (1977) 1 SCR 146....


Use of himself

Use of himself, recognises landlord's bona fide right to live as a family with persons of his choice, Karnataka Rent Control Act, 1961, ss. 21(1)(h) and 3(ff), Raghvendra P. Mudhol v. Hanamant R. Kulkarni, AIR 1986 Kant 219....


use tax

use tax : a tax imposed on the use of personal property and esp. property purchased in another state ;specif : a one-time tax imposed on the exercise or enjoyment of any right or power over tangible personal property that is incident to the ownership, possession, custody, or leasing of it [a law allowing the payment of a sales tax to be credited against the amount of use tax due] [the manufacturer became liable for a use tax when items were withdrawn from inventory for internal use] ...


use value

use value : value of property based on its use rather than on the market [use value of agricultural land] ...


use-based application

use-based application There are four filing bases on which a trademark application may be based. One filing basis is use of the mark in commerce (the other three are filing based on an intent-to-use the mark in commerce, filing based on a pending foreign application, and filing based on a foreign registration). Applicants who file based on use in commerce must be using the mark they wish to register with the goods or services in the application prior to or at the time of filing the application. Source: U.S. Patent and Trademark Office ...



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