A Dictionary
Any party bound by the award
Any party bound by the award, the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by a individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award, Associated Cement Companies v. Workmen, AIR 1960 SC 777 (781). [Industrial Disputes Act, 1947, s. 19(6)]...
Any passenger
Any passenger, the expression 'any passenger' is an expression of very wide amplitude and means all passengers, whether they are gratuitous or whether they are carried on payment. The fact that the expression 'any passenger' has been used in the policy without any qualifying words of the nature clearly shows that it includes within its ambit the gratuitous passengers as well, United India General Insurance Co. Ltd., Surat v. Shantaben Jerambhai, AIR 1982 Guj 212....
Any person
Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...
Any person aggrieved
Any person aggrieved, the words 'any person aggrieved' in s. 24 of the Act can only mean a person whose properties have been declared to be evacuee properties by the Custodian, or a person who moved the Custodian to get the properties so declared or any other such aggrieved person. The words 'any person aggrieved' in the context cannot include any Custodian as defined in the Act, Md. Sharfuddin v. R.P. Singh, AIR 1961 SC 1312 (1314): (1962) 1 SCR 239. (Administration of Evacuee Property, Act, 1950 s. 24)...
Any person interested in a wakf
Any person interested in a wakf, the expression 'any person interested in a waqf' must mean 'any person interested in what is held to be a waqf'. It is only persons who are interested in a transaction which is held to be a waqf who would sue for a declaration that the decision of the Commissioner of the Waqfs in the behalf is wrong, and that the transaction in fact is not a waqf under the Act, Siraj-ul-Haq Khan v. Sunni Control Board of Wakf., AIR 1959 SC 198 (204). [U.P. Muslim Wakfs Act, 1936 (13 of 1936), s. 5(2)]...
Any person not being the accused
Any person not being the accused, the words 'any person not being the accused' in s. 319 would cover any person who is not already before the Court in the case in which order under s. 319 is passed. It is the duty of the Court to bring before it any person who appears to have committed an offence and to convict and pass an appropriate order of sentence on proof of such person having committed the offence, Jarnail Singh v. State of Haryana, (2003) 9 SCC 328 (332). (Criminal Procedure Code, 1973 s. 319)...
Any Person present in the court
Any Person present in the court, the words 'any person present in the court' in s. 73 has a reference only to such persons who are parties to a cause pending before the court and in a given case may even include the witnesses in the said cause but where there is no cause pending before the court for its determination, the question of obtaining for the purposes of comparison of the handwriting of a person may not arise at all and therefore, the provisions of s. 73 of the Evidence Act would have no application, Sukhvinder Singh v. State of Punjab, (1994) 5 SCC 152 (163): 1994 SCC (Cri) 1376. (Evidence Act, 1872, s. 73)...
Any person supposed to be acquainted with the facts and circumstances of the case
Any person supposed to be acquainted with the facts and circumstances of the case, includes an accused person who fills that role because the police suppose him to have committed the crime and must, therefore, be familiar with the facts, Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025: (1978) 2 SCC 424. (Criminal Procedure Code, 1973, s. 161)...
Any premises including the precincts thereof
Any premises including the precincts thereof, the words 'any premises including the precincts thereof' under s. 2(m) are therefore wide enough to include all buildings with its surroundings which form part of one unit, Grauer and Weil (India) Ltd. v. CCE, AIR 1995 SC 543 (546): (1995) 1 SCC 77. [Factories Act (63 of 1948), s. 2(m)]...
Any prohibition
Any prohibition, 'any prohibition' means every , prohibition. In other words all types of prohibitions. Restrition is one type of prohibition, Sheikh Mohd Omer v. Collector of Customs, AIR 1971 SC 293 (295): (1970) 2 SCC 728. [Customs Act, 1962, s. 111(d)]...