M Dictionary
May have been allowed to officiate continuously
May have been allowed to officiate continuously, The words 'may have been allowed to officiate continuously' in clause (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)]...
May laws
See Kulturkampf above...
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
May presume and shall presume
May presume and shall presume, The expressions 'may presume' and 'shall presume' are defined in s. 4 of the Evidence Act. The presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions'. When the expression 'shall be presumed' is employed in s. 20(1) of the Act it must have the same import of compulsion, M. Narsinga Rao v. State of A.P., AIR 2001 SC 318 (321): (2001) 1 SCC 691 [Indian Evidence Act, 1872, s. 4]...
means
means 1 a : something enabling one to achieve a desired end [a of self-defense] b : cause 2 : resources (as income and assets) at one's disposal ...
Means
Means, the word 'means' used in O. XXXIII, R. 1, Civil Procedure Code, covers all realisable assets within the applicant's reach, Tej Dat Singh v. Yuvraj Datt, 1947 AWR (CC) 275: 1947 OA (CC) 275. (See Civil Procedure Code, 1908)Means, When a statute says that a word or phrase shall 'mean' not merely that is shall include certain things or acts, the definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition, Punjab Land Develop and Reclamation Corpn. Ltd. v. Presiding Officer Labour Court, (1990) 3 SCC 682: (1990) 3 SCR 111....
Means and includes
Means and includes, The definition which consists of two separate parts which specify what the expression means and also what it includes is obviously meant to be exhaustive. As Lord Watson observed in Dilworth v. Commissioner of Stamps, 1899 AC 99. The word 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, Mahalakshmi Oil Mills v. State of Andhra Pradesh, AIR 1989 SC 335: (1989) 1 SCC 164: (1988) Supp 2 SCR 1088.(ii) A particular expression is often defined by the Legislature by using the word 'means' or the word 'includes'. Sometimes the words 'means and includes' are used. The use of the word 'means' indicates that 'definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition'. The word 'includes' when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according...
Means and/or includes
Means and/or includes, Where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive, Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly, AIR 1986 SC 1571: (1986) 3 SCR 156....
Means of livelihood
Means of livelihood, the expression 'means of livelihood' in s. 11(2) had not been used in any artificial sense but in its ordinary meaning, that the said expression would mean resources of livelihood, that in ascertaining such recourses each case would depend on its own facts and circumstances, Mohan Lal v. Mohun Ram, AIR 1970 SC 1022: (1970) 3 SCC 177. [H.P. Abolition of Big Landed Estates and Land Reforms Act, 1954, s. 11 (2)]...
means test
means test Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Source: Administrative Office of the U.S. Courts ...