1954 1977 - Law Dictionary Search Results
Home Dictionary Name: 1954 1977 Page: 11Witness
Witness, is a person who testifies in a court, Webster Random House Dictionary, p. 1680.Witness, one who gives evidence in a cause.1. One who sees, knows, or vouches for something2. One who gives testimony, under oath or affirmation, Black's Law Dictionary, 7th Edn., p. 1596.A witness must attend in court according to the requirement of his subp'na. If he has not been paid his lawful expenses, he may refuse to be sworn; but if he be once sworn, he must give his evidence. See OATH and AFFIRMATION.In civil cases, as a rule, husband and wife are competent and compellable witnesses against each other [Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 1], but husbands and wives are not compellable to disclose communications between each other (s. 3 ibid.). As to criminal cases, see Criminal Evidence Act, 1898, as amended, and that title.A witness is not obliged to answer any question which tends to criminate him.On the application of either party, all the witnesses on both sides are or...
Magic remedy
Magic remedy, includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals. [Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (21 of 1954), s. 2(c)]...
Local area
Local area, 'Local area', in relation to any local cadre, means the local area specified in para 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-para (5) of paragraph 8 of this Order', S. Prakasha Rao v. Commissioner of Commercial Taxes, AIR 1990 SC 997: (1990) 2 SCC 259 (261). [A.P. Employment (Organisation of Local Cadre and Regulation of Direct Recruitment) Order, 1975]It means any area, whether urban or rural, declared by the Central Government or the State Government by notification in the Official Gazette, to be a local area for the purposes of this Act. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (vii)]The words 'local area' in Entry 52 of the Constitution, (when the area is a part of the State imposing the law) in an area administered by a local body like a municipality, a district board, a local board, a union board, a Panchayat or t...
Legitimate
Legitimate, access and non-access connote existence and non-existence of opportunities for marital intercourse, Chilukuri Venkateswarlu v. Chilukuri Venkatanarayana, AIR 1954 SC 176 (177): 1954 SCR 424....
Compensation
Compensation, according to dictionary it means, 'compensating or being compensated; thing given as recompense;'. In legal sense it may constitute actual loss or expected loss and may extend to physical mental or even emotional suffering, insult or injury or loss, Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65 (75): AIR 2004 SC 2141.--Making things equivalent, satisfying or making amends, a reward for the apprehension of criminals; also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected for public purposes and under Act of Parliament, e.g., the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but where the land is acquired compulsorily by a Government Department or any local or Public Authority the compensation is regulated by the (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) and Rules of 1919, and see Housing Act, 1936, ss. 40 and 42 and Schedules, ...
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
Acquisition
Acquisition, 'acquisition' means, directly or indirectly, acquiring or agreeing to acquire-(i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise. [Competition Act, 2002 (12 of 2003), s. 2(a)]'Acquisition', with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift. [Arms Act, 1959 (54 of 1959), s. 2(a)]The office of one functionary is brought to an end another functionary has come into existence in its place. Such a process cannot be said to constitute the acquisition of the extinguished office or the vesting of the rights in the person holding that office, Bira Kishore Deb v. State of Orissa, AIR 1964 SC 1501 (1508): (1964) 7 SCR 32. [Constitution of India, Art. 31(2), 19(1) (f)]Means taking not by voluntary agreement but by authority of an Act of Parliament and by virtue of the compulsory powers thereby conferred. In case of acquisition the property is taken by t...
Acting Chief Justice
Acting Chief Justice, A judge appointed under article 126 of the constitution to perform the duties of the Chief Justice of India. [High Court Judges (Conditions of Service) Act, 1954, (28 of 1954), s. 2(a)], [Supreme Court Judges (Conditions of Service) Act, (41 of 1958), s. 2(a)]...
Adulterant
Adulterant, 'adulterant' means any material which is or could be employed for the purposes of adulteration. [Prevention of Food Adulteration Act (37 of 1954), s. 2(i)]Means any material which is or could be employed for making the food unsafe or substandard, misbranded or containing extraneous matter. [The Food Safety and Standards Act, 2006, s. 3(a)]Means any material which is or could be employed for the purposes of adulteration. [The Prevention of Food Adulteration Act, 1954, s. 2(a)]...
Bardana
Bardana, the word 'Bardana' does not mean gunny bags alone but it can also mean boxes, wooden packing, etc. in which merchandise has been packed for the purpose of despatch from one station to another, State of Rajasthan v. Ghasiram Magilal, (1969) 2 SCC 710 (712). [Rajasthan Sales Tax Act 1954 (29 of 1954), s. 4(2)]...
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