1972 1940 - Law Dictionary Search Results
Home Dictionary Name: 1972 1940Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
Appointment
Appointment, appointment refers to both initial recruitment and subsequent promotion, Chander Bhan v. Hotilal Gupta, 1991 Supp 2 SCC 156. [Punjab Courts Act, 1918 (6 of 1918), s. 35(1)]The word 'appointment' cannot mean only promotion, It means appointment both by promotion and by direct recruitment, Harkishan Singl v. State of Punjab, (1972) 1 SCC 58: AIR 1971 SC 1602 (1605): (1971) 2 SCC 58. [Punjab Civil Service (Recruitment and Conditions of Service) Rules, 1940, R. 9(c)]...
Government Analyst
Government Analyst, means--(i) in relation to [Ayurvedic, Siddha or Unani] drug, a Government Analyst appointed by the Central Government or a State Government under s. 33F; and(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under s. 20. [Drugs and Cosmetics Act, 1940 (23 of 1940), s. 3(c)]The Government analyst would include all analysts appointed by the State Government as well as the Central Government. It is not in dispute that the Director of Central Laboratory is also a Government Analyst. [Drugs and Cosmetics Act, 1940, s. 20]. Ram Shankar Misra v. State of U.P., AIR 1979 SC 727 (728): (1980) 1 SCC 255....
Use
Use, connotes that the traveling or stationary vehicle at the time when it becames the subject-matters of a delictum was at the place where it is found in the course of its user in accordance with the permit granted to it, TV Moidu (in re:), AIR 1960 Mad 265.Use, in application of law is the profit or benefit of lands and tenement, or a trust and confidence reposed in a man for the holdings of lands, that he to whose use the trust is made shall take the profits thereof, Tomlins.Use, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (xxviiia)]Meaning of the word 'use' in the Oxford Dictionary some of which are as follows: 'To make use of as a means or instrument; To employ for a profitable end;' Automotive Manufacturers (P) Ltd. v. Govern-ment of Andhra Pradesh, AIR 1972 SC 229 (231): (1972) 1 SCC 125: (1972) 2 SCR 593.1. The application or employment of s...
Ayurvedic, Siddha or Unani drug
Ayurvedic, Siddha or Unani drug, includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, and manufactured exclusively in accordance with the formulae described in, the authoritative books of Ayurvedic, Siddha and Unanin Tibb system of medicine, specified in the First Schedule. [Drugs and Cosmetics Act, 1940 (23 of 1940), s. 3 (a)]...
Cosmetic
Cosmetic, means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic. [Drugs and Cosmetics Act, 1940 (23 of 1940), s. 3 (aaa)]Cosmetic, products are meant to improve appear-ance of a person, that is they enhance beauty, Puma Ayurvedic Herbal (P) Ltd. v. Commissioner, Central Excise, AIR 2006 SC 1561. [Dowry Prohibition Act, 1961, s. 3(aaa)]...
In a reference
In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and the sub-s. vests exclusive jurisdiction in the court in which an application for filing an award has been first made under s. 14 of the Act, Kumbha Mawaji v. Union of India AIR 1953 SC 313 (318): (1953) SCR 878 [Arbitration Act, 1940, s. 31(4) and 34]...
In the trade
In the trade, the words 'in the trade' in the s. 8(a) of the Trade Marks Act, 1940 do not mean the trades people. These words may refer to the public also, Corn Products Refining Co. v. Shangrila Food Products Ltd., AIR 1960 SC 142: (1960) 1 SCR 968. [Trade Marks Act (5 of 1940), s. 8(a)]...
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
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