1954 1977 - Law Dictionary Search Results
Home Dictionary Name: 1954 1977 Page: 5Person concerned in the management of the business
Person concerned in the management of the business, the expression 'person concerned in the management of the business' may take in not only a person who directly participates or engages in the management of the business but also one who indirectly controls its management through the managerial staff, from behind the scenes, R. Dalmia v. Commissioner of Income Tax, AIR 1977 SC 988: (1977) 2 SCC 467: (1977) 2 SCR 654. [Income Tax Act, 1922, s. 2(6c) (iii)]...
Passport
Passport, a licence for the safe passage of anyone from one place to another, or from one country to another. Passports are issued by the Foreign Office to British-born subjects or to those naturalised in the United Kingdom, British Dominions, Colonies or India, subject to the recommendation and identification of the applicant by a person holding certain positions, e.g., J.P., barrister, solicitor, physician. Application should be made to the Passport Office, 1, Queen Anne's Gate Buildings, Dartmouth Street, Westminster, London, or 36, Dale Street, Liverpool.A combination to procure from the British Foreign Office a passport taken out in one name but to be used in another is an indictable misdemeanour, R. v. Brailsford and McCulloch, (1905) 2 KB 730. Forgery is a misdemeanour under the (English) Official Secrets Act, 1920 (10 & 11 Geo. 5, c. 86), and obtaining passports by false statements, under the (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86).A 'passport' is a documen...
Restricted estate
Restricted estate, that the words 'restricted estate' used in s. 14 (2) are wider than limited interest as indicated in s. 14 (1) and they include not only limited interest, but also any other kind of limitation that may be placed on the transferee, V. Tulasamma v. V. Sesha Reddi, AIR 1977 SC 1944 (1978): (1977) 3 SCC 99: (1977) 3 SCR 261. [Hindu Succession Act, 1956, s. 14(1), 14(2)]...
Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
Residential premises
Residential premises, 'residential premises' are not only those which are let out for residential purposes nor does the expression cover all kinds of structures where humans may manage to dwell. The art of building is advanced far enough to make a building serve a residential, commercial or other use. Whatever is suitable or adaptable for residential uses, even by making some changes, can be designated 'residential accommodation', Busching Schmitz (P) Ltd. v. P.T. Menghani, AIR 1977 SC 1569 (1576): (1977) 2 SCC 835: (1977) 3 SCR 312.Residential premises are not only plots which are let out for residential purposes nor do all kinds of structures where humans may manage to dwell are residential. Use or purpose of the letting is no conclusive test. Whatever is suitable or adaptable for residential use, even by making some changes, can be designated residential premises, S.P. Jain v. Krishna Madan Gupta, AIR 1987 SC 222 (227): (1987) 1 SCC 191....
Route
Route, means a line of travel which specifies the highway which maybe traversed by a motor vehicle between one terminus and another. [Motor Vehicles Act, 1988, s. 2 (38)]Under s. 2(28A) inserted by s. 2 of Act 56 of 1969 the word 'route' has been defined as meaning 'a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another', Mysore State Road Transport Corporation v. Mysore State Transport Appellate Tribunal, AIR 1974 SC 1940: (1975) 1 SCR 615: (1974) 2 SCC 750.A route as defined is a line of travel between two termini on a highway, but the idea of a route as a notional line that the definition suggests has not been consistently maintained in the Act. A route may mean not only the notional line of travel between one terminus and another, but also the area of the road over which the motor vehicles ply. Yet the two terms are not inter-changeable, D. Papiah v. Mysore State Transport Appellate Tribunal, AIR 1976 SC 1731: (1976) ...
Restrictive trade practice
Restrictive trade practice, means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include--(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price.(b) Any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (nnn)]The definition of restrictive trade practice is an exhaustive and not an inclusive one. The decision whether trade practice is restrictive or not has to be arrived at by applying the rule of reason and not on the doctrine that any restriction as to area or price will per se b...
Right to sue
Right to sue, the 'right to sue' means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death'. Thus, contracts involving the exercise of special skill like a promise to paint a picture do not bind the representatives of the promisor, nor do they create in them a right that can survive the death of the promisor, Phool Rani v. Naubat Rai Ahluwalia, AIR 1973 SC 2110: (1973) 1 SCC 688: (1973) 3 SCR 679. [Delhi rent Control Act, 1958, s. 14(1)(e)](ii) The term 'right to sue' must be equated with 'cause of action', unless the context indicates otherwise, Gurdit Singh v. Munsha Singh, AIR 1977 SC 640: (1977) 1 SCC 791: (1977) 2 SCR 250.The words 'right to sue' ordinarily mean the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises, that is, the right to prosecute to obtain relief by legal means, State of Punjab v. Gurdev Singh, AIR 1991 SC 2219 (2220): (1991) 4...
May and shall
May and shall, The word 'may' in s. 363 does not mean 'shall', and that the Magistrate has under that s. a discretion whether he should pass an order for demolition or not, Corporation of Calcutta v. Mulchand Agarwala, AIR 1956 SC 110: (1955) 2 SCR 995.(ii) The word may' is capable of meaning 'must' or 'shall' in the light of the context and that where a discretion is conferred upon a public authority coupled with an obligation, the word 'may' which denotes discretion should be construed to mean a command, Shri Rangaswami, the Textile Commissioner v. Sagar Textiole Mills (P) Ltd., AIR 1977 SC 1516: (1977) 2 SCC 578: (1977) 2 SCR 825.(iii) As observed in Craies On Statute Law, 7th edn., page 229, the expression 'may' and 'shall' have often been subject of constant and conflicting interpretation. 'May' is a permissive or enabling expression but there are cases in which for various reasons as soon as the person who is within the statute is entrusted with the power, it becomes his duty to ...
Royalty
Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...
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