1954 1977 - Law Dictionary Search Results
Home Dictionary Name: 1954 1977 Page: 3Disposition
Disposition, giving away or giving up by a person of something which was his own, Commissioner of Gift Tax v. N.S. Getty Chettiar (1971) 2 SCC 741: AIR 1971 SC 2410: (1972) 1 SCR 736 & Controller of Estates Duty v. Kancharla Kesava Rao, (1973) 2 SCC 384: AIR 1973 SC 2484: (1973) 3 SCR 897.Disposition in the estate duty law of India enjoys and extended meaning. The framers of the Estate Duty Act,1953 desired by a deeming provision regarding 'disposition' to cover extinguishments of debts and all other rights at the expense of and made by the deceased in favour of the beneficiary. The substantive definition of 'property' in s. 2(15) is not exhaustive but only inclusive and the supplementary operation of Explanation 2 takes in which is not conventionally regarded as 'disposition'. Indeed, 'disposition', even accord-ing to law dictionaries, embraces 'the parting with, alienation of, or giving up property.... a destruction of property' (Black's Legal Dictionary), Controller of Estate Duty v...
Thereafter
Thereafter, is merely indicative of the sequence of the second obligation to deposit the future rents; it is certainly not suggestive of the fact that if the first obligation for any reason cannot be complied with then the occasion to comply with the second obligation does not arise or that it automatically comes to an end. It would be unthinkable that could be the intention of legislature, Jamnalal v. Radheshyam, (2000) 4 SCC 380.Means after the list is finalized on the completion of revision of valuation and assessment, New Delhi Municipal Committee v. LIC, AIR 1977 SC 2134: 1977 (4) SCC 84.The word thereafter' means 'after the list is finalised and 'duly made' evidently refers to the exercise of the amending power u/s. 67, New Delhi Municipal Committee v. Life Insurance Corporation of India, AIR 1977 SC 2134: (1977) 4 SCC 84: (1978) SCR 279....
To decide
To decide, means 'to settle' (question, issue, dispute etc.) by giving victory to one side; 'to give Judgment' to bring or come to a conclusion, Nirmala Ben v. Inder Singh Bagi, AIR 1977 Ori 211: 1977 ILR Cut 809: (1977) 44 Cut LT 72: (1977) 1 Cut WR 369....
Second offence
Second offence, the word 'second' in the ex-pression 'second offence' in s. 16(1) of the Prevention of Food Adulteration Act, 1954, means second in time, and not second of the same type. The 'second offence' must be an offence under the Act although it is says that if any person does any of the acts mentioned in cls. (a) to (g) in it, he shall be punishable for the first offence with a certain penalty, for the second offence with a higher penalty and for the third a still higher penalty, Jagdish Prasad v. State of U.P., AIR 1966 SC 290 (292): (1965) 3 SCR 806. See also AIR 1960 Ker 240 (241). [Prevention of Food Adulteration Act, 1954, s. 16(1)]The words 'second offence' must, mean any act which is an offence under any of the clauses in the sub-s. which has been done later in point of time after a conviction for an offence under the Act, no matter whether the acts or omissions constituting the two offences are of the same type or not, Jagdish Prasad v. State of Uttar Pradesh, AIR 1986 ...
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
Unbounded sugarcane
Unbounded sugarcane, it must be stated however, that neither the expression 'bonded sugarcane' nor 'unbonded sugarcane' has been defined either in the statue or in the U.P. Sugarcane Supply and Purchase Order, 1954 and, therefore, regard must be had to the ordinary dictionary meaning of the said expressions. In shorter Oxford English Dictionary the legal and technical meaning of the expression 'bond' is given as 'a deed by which the obligor binds himself, his heirs, executors, or assigns to pay a certain sum to the oblige.' In stroud's judicial Dictionary (4th Edn.) the expression 'bond' is explained as: an obligation by deed'. It will thus be clear that the expression 'bonded sugarcane' must mean sugarcane secured by a bond or deed. Under the Notification of the Cane Commissioner dated June 1, 1955 certain deductions from the minimum price per maund of cane fixed for the season 1954-55 had been notified in respect of the 'Unbonded sugarcane' crushed on or after May 1, 1955 In other wo...
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
Putravakasam property
Putravakasam property, etymologically means pro-perty given to a son but it is not disputed that it includes also property given to children, whether male or female, Thaumulpad v. Kovunni Thirumulpad, AIR 1954 Mad 987: (1954) Mad LJ 294: (1954) 67 Mad LW 455 (DB)...
Putravakasam
Putravakasam, rights is consistent with the gift made by the father to his children or to all the members of tavazhi, Thirumulpad v. Kavunni Thirumulpad, AIR 1954 Mad 987: (1954) Mad LJ 294: (1954) 67 Mad LW 455 (DB)....
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
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