1981 1scr206 - Law Dictionary Search Results
Home Dictionary Name: 1981 1scr206 Page: 4State
State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Stockholder
Stockholder, includes--(i) any State Government;(ii) any statutory functionary;(iii) voluntary agencies including foreign voluntary agencies, and(iv) any other person identified by the Authority:Which participate in any manner in activities related to disaster management. [Gujarat State Disaster Management Act, 2003, s. 2(u)]The expression 'stockholder' has been defined in the Order as meaning 'every person who is in possession or control of 150 kilograms or more of ground-nut oil... (b) 15 quintals or more of ground-nut oil or cake... (c) 15 quintals or more of ground-nut seeds... and (d) 20 quintals of ground-nut shell. The explanation thereto provides that edible oil, edible oil seeds and oilcakes in transit shall be presumed to be under the control of the owner thereof, State of Karnataka v. Krishna Bhima Walvakar, AIR 1981 SC 1468: (1981) 3 SCC 301: (1981) 3 SCR 829....
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Terminus, terminal and terminal tax
Terminus, terminal and terminal tax, the word 'terminus' according to Oxford Dictionary means a point situated at or forming the end or extremity of somethings situated at the end of a line of railway. In other words, terminus means the point to which main action tends, goal, end, finishing point, the point at which something comes to an end. In Corpus Juris Secundum, Vol. 62, page 729 the word 'terminal' in connection with transportation means the fixed beginning or ending point of a given run. It would thus appear that a terminal tax could be levied only by the Corporation or the State which is the final destination of the goods sent from any other area, Man Mohan Tuli v. Municipal Corporation of Delhi, AIR 1981 SC 991 (994): (1981) 2 SCC 467: (1981) 2 SCR 894.Terminus means the point to which motion or action tends, goal, end, finishing point; sometimes that from which it starts; starting point. An end; extremity; the point at which something comes to an end, Express Mills v. Munici...
Under reserve
Under reserve, a payment under reserve is under-stood in banking transactions to mean that the recipient of money may not deem it as his own but must be prepared to return it on demand. The balance of convenience clearly lies in allowing the normal banking transactions to go forward, United Commercial Bank v. Bank of India, AIR 1981 SC 1426 (1440): (1981) 2 SCC 766: (1981) 3 SCR 300....
Utsarga
Utsarga, when a man makes an utsarga, he no doubt gives up his ownership but gives up the thing for the benefit of all, Commissioner of Income Tax v. Federation of Indian Chambers of Commerce and Industries, AIR 1981 SC 1408 (1414): (1981) 3 SCC 156: (1981) 3 SCR 489....
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....
Obtained
Obtained, The word 'obtained' would indicate achievement by exertion in spite of opposition. Hence a dissolution of marriage obtained through the coercive process of civil court would be covered. The word 'obtained' may well be used in the sense of 'procured with effort and would certainly describe correctly a situation where something is achieved by a person through his exertion in spite of opposition from others. According to Webster, again, the word' obtain 'signifies: (a) to gain or attain possession or disposal of, usually by some planned action or method. (b) to bring about or call into being, etc., Mst. Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243 (1252): (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (2 of 1974), s. 125(1)]...
Reserved area
Reserved area, the term 'reserved area' was defined in clause (4) of s. 2 thus: (4) 'Reserved area' means the area lawfully reserved under the Punjab Tenants (Security of Tenure) Act, 1950 (Act 22 of 1950), as amended by President's Act 5 of 1951, Lajpat Rai v. State of Punjab, AIR 1981 SC 1401: (1981) 3 SCC 94: (1981) 3 SCR 590....
Legal person
Legal person, a 'legal person' is any subject-matter other than a human being to which the law attributes personality, Som Prakash Rekhi v. Union of India, AIR 1981 SC 212: (1981) 1 SCC 449: (1981) 2 SCR 11....
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