You are viewing the translated version of परिभाषा.
Section 2
Definition
In this Act, unless the subject or context requires otherwise, - (a) "Court" means the commercial bench of the court appointed by the Government of Nepal with the consent of the Supreme Court and published in the Nepal Gazette. (b) "Authority" means regular In the course of commercial transactions, it means documents and share certificates that can be given to others through transfer or transfer, and the term also refers to any document that proves the right to cash payment. However, the term does not refer to a mortgage or lease agreement. (c) "Intangible property" (intangible property). means goods, ledgers, secured sales contracts, documents, warrants and other movable assets other than currency that create legal rights. (e) "Consumable goods" shall mean any goods used for personal, family or household purposes. However, the term shall not refer to vehicles with serial numbers. (f) "Equipment" (Equipment) means agricultural products, goods in stock or goods other than consumable goods. (G) "Numbered Vehicle" means any other vehicle, tailor of vehicle, aircraft or boat equipped with equipment other than those in the stock of the mortgagee. (h) "Agricultural produce" means the following goods other than uncut trees of a mortgagor engaged in agricultural business:- (1) Crops grown, growing or to be grown, (2) Aquatic products produced in water, (3) Domestic animals (including future born). , (4) goods used in the course of farming or produced from it, (5) products produced from crops or domesticated animals that have not yet reached a ready state. Right of security for valueIt should be mentioned:- (1) that the seller has taken or vested the right in order to secure the full or partial value of the goods, or (2) A person other than the seller has taken a mortgage right over the goods by giving a price or consideration to the person taking the mortgage to obtain the right over the goods or the use thereof. (j) "Fixtures" means goods that are attached or intended to be attached to immovable property for which property rights are created in accordance with prevailing laws. Removable factory machinery, office machinery or household goods shall not be included in the attached goods. (k) "Security" means the liability to pay or the liability of the issuer under the bond to pay, and the term includes any ledger, secured sale agreement, deed, power of attorney. or other intangible assets also refers to the obligation to assist in making payments. (l) "Registration office" means the safe transaction registration office established in accordance with Section 4. (d) "Mortgagor" means a person who gives a loan or a lender or a seller or other person who receives the right of mortgage in accordance with a mortgage agreement, and by that term, a person who buys a ledger or a secured sale agreement and goods. (n) "Mortgagor" means a person who has a duty to make any payment or fulfill a security obligation whether or not he owns or has rights over the mortgaged property, and the term includes the seller of the books of account or secured sale agreement and the goods. It also refers to the lessee. (k) "Mortgage property" means movable property of any nature related to the mortgage right, such as intangible property, connected goods, trees to be cut, minerals to be mined.and the term also refers to mortgaged property to be created in the future, mortgaged property inside or outside the country, sold book or secured sale agreement, leased goods and profit received from mortgaged property. (d) "Security Interest" means a property right over the mortgaged property to secure the performance of an obligation. (d) "Purchaser in the Ordinary Course of Business" It means a person who buys goods in good faith without knowing that buying such goods from a person who sells goods of the same type on a regular basis without knowing that the rights of other people on those goods may be affected. course of business) means a person who regularly engages in the business of selling or leasing goods of the same nature, who leases such goods in good faith without knowing that the ownership rights of other third parties or mortgage rights or lease rights may be infringed. (c) "Buyer" (Purchaser) means a person who acquires any property or acquires a right to such property in any way. (f) "Account" means a payment for goods sold or leased or services rendered, not evidenced by a power of attorney or secured sale agreement. (b) "goods in stock" means goods held for sale or lease in a trade or business and the term includes raw materials, semi-finished goods, preparations or similar goods used in any enterprise or business; or goods used or consumed in business. (b) "Price" means the consideration given or to be given in accordance with the contract. (m) "Goods" means when the right of mortgage is attached.All types of goods in circulation are meant and the term refers to connected goods, trees cut for the purpose of sale and agricultural products. However, the term does not refer to ledgers, secured sales contracts, currency, documents or rights. (y) "Lease of goods" ” means the following lease of goods:- (1) Lease of goods for a period exceeding one year, (2) Lease of goods granted for an indefinite period, (3) In case of lease of goods for a period of one year or less, taking the lease in accordance with the consent of the lessor. If the person has taken possession of such goods continuously for a period of more than one year from the time of obtaining possession of the goods, but if the lessee has not kept the goods under such lease for a period of more than one year, such goods shall not be deemed to have been leased for a period of more than one year. (4) (r) "Registrar" means a person appointed or designated under sub-section (3) of section 4. l) "Lien holder" shall mean the following persons:- (1) Court, authorized officer in accordance with the prevailing law or a person entitled to take possession of such mortgaged property by the order of the mortgagee's mortgagee's mortgaged property by the order of a businessperson related to damasahi in accordance with the prevailing law, (2) any Other than the person who has control over the mortgaged property, any other person who acquires the right to the mortgaged property of the mortgagee in connection with the execution of the law. Compensation shall be understood.(2) any receipt from collection or distribution in respect of the mortgaged property, (3) rights created by the mortgaged property, (4) loss, defect or loss of the mortgaged property to the extent of the value of the mortgaged property. Claims for damages arising out of breach of conditions, (5) Insurance amount payable to the extent of the value of the mortgaged property and to the extent payable to the mortgagee or mortgagee due to the loss or damage caused to the mortgage or due to the breach of the terms of the mortgaged property. ) “cash benefit” means a benefit such as currency, check or deposit and that term includes other similar cash benefits. (c) “mark” means a name by any means intended to identify the signatory or to assume or establish the authority of a record; or acceptance or execution of a sign. But that term shall not imply the obligation to sign by hand. (k) "Notice" shall mean a record registered or submitted for registration at the Registration Office and the term shall include the amendment, continuation and termination details registered or submitted for registration. (T) "Secured Sale Agreement" means a document that creates debt obligations and mortgage rights over goods or leased goods. , shall mean the right of payment or other right to receive payment contained in the document.The person who transfers the payment should be mentioned.