1984 2scr795 - Law Dictionary Search Results
Home Dictionary Name: 1984 2scr795Up to October 1, 1984
Up to October 1, 1984, the expression 'up to October 1, 1984' in the direction for regularisation obviously does no include appointments made on October 1, 1984, Union of India v. Gayan Prakash Singh, 1994 Supp (1) SCC 306 (309)....
Government
Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...
Habitually
Habitually, a person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappu Nawabkhan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti-Social Activities Act, 1985, s. 2(c)]The word 'habitually'connotes some degree of fre-quency and continuity. It requires a continuance and permanence of some tendency, something that has developed into a propensity, that is, present from day-to-day, Stroud's Judicial Dictionary, Fourth Edn., Vol. 2, p. 1204, Vijay Narain Singh v. State of Bihar, AIR 1984 SC 1334 (1338): (1984) 3 SCC 14: (1984) 3 SCR 435.Means 'usually' and 'generally', Mustakmiya Jabbar-miya Shaikh v. M.M. Mehta, Commissioner of Police, (1995) 3 SCC 237.Would mean repeatedly or persistently and implies a thread of continuity stringing ...
Preference
Preference, means prior right, advantage, pre-cedence etc., Sher Singh v. Union of India, AIR 1984 SC 200: (1984) 1 SCC 107.The expression 'preference' amongst others means prior right, advantage, precedence etc. It signifies that other things being equal, one will have preference over the others, Sher Singh v. Union of India, AIR 1984 SC 200 (204): (1984) 1 SCC 107: (1984) 1 SCR 464. [Motor Vehicles Act, 1939, s. 47(1H)]The 'preference' envisaged in the Rules, cannot mean, an absolute en bloc preference akin to reservation or separate and distinct method of selection for them alone. A mere rule of preference meant to give weightage to the additional qualification cannot be enforced as a rule of reservation or rule of complete precedence, Andra Pradesh Public Service Commission v. Y.V.V.R. Srinivasulu, (2003) 5 SCC 341 (348): AIR 2003 SC 3961.The expression 'preference' means an equitable apportionment of vacancies reserved for backward classes, Indra Sawhney v. Union of India, AIR 199...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Import
Import, in relation to any technology, means the bringing into India of, such technology from a place outside India. [Research and Development Cess Act, 1986, s. 2 (d)]Means bringing into any place within the territories to which this Act extends from a place outside those territories. [Insecticides Act, 1968 (46 of 1968), s. 3 (d)]Means bringing into India. [Aircraft Act, 1934 (22 of 1934), s. 2 (3)]Means to bring into India from a place outside India by land, sea or air. [Explosives Act, 1884 (4 of 1884), s. 4 (f)]With its grammatical variations and cognate expressions, means bringing into India from a place outside India. [Customs Act, 1962 (52 of 1962), s. 2 (23)]Means bringing into India from out of India, Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR 1984 SC 667: (1984) 2 SCR 664: (1984) 2 SCC 534. (Copyright Act, 1957, ss. 51, 53)In a sense, import may be said to be complete for certain purposes say, sales tax purposes on their clearance after assessment of du...
Irrationality
Irrationality, mean what can by now be succinctly referred to Wednesbury unreasonableness, Council of Civil Service Unions v. Minister for the Civil Service, (1984) 3 All ER 935: 1985 AC 374: (1984) 3 WLR 1174 (HL).Means what can be now be succinctly referred to as Wednesbury unreasonableness. It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it, State of NCT of Delhi v. Sanjeev, (2005) 5 SCC 181.Means what can by now be succinctly referred to as Wednesbury unreasonableness. It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it, Council of Civil Service Unions v. Minister for the Civil Service, (1984) 3 All ER 935: 1985 AC 374: (1984) 3 WLR 1174 (HL...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
Candidate
Candidate [fr. Candidatus, Lat., clothed in white], a competitor, one who solicits or proposes himself for a place or office. The name is derived from the toga candida in which competitors at Rome were habited. In the (English) Corrupt Practices Acts the expression has a specially extensive meaning. Corrupt and Illegal practices (English) Prevention Act, 1883, s. 63, by which, with a saving for a person nominated without his consent-In the Corrupt Practices Prevention Acts, as amended by this Act, the expression 'candidate at an election' and the expression 'candidate' respectively mean, unless the context otherwise requires, any person, elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued.Making certain false statements a...
Collusion
Collusion [fr. collusio, Lat., fr. colludo, to unite in the same play or game, and thus to unite for the purposes of fraud or deception], an agreement or compact between two or more persons to do some act in order to prejudice a third person, or for some improper purpose. Collusion in judicial proceedings is a secret agreement between two persons that the one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose, and appears to be of two kinds: (1) When the facts put forward as the foundation of the sentence of the Court do not exist; (2) When they exist, but have been corruptly preconcerted for the express purpose of obtaining the sentence. In either case the judgment obtained by such collusion is a nullity. See Duchess of Kingston's case, (1776) 2 Sm. L.C. Collusion between the petitioner and either of the respondents in presenting or prosecuting a suit for dissolution of marriage is a bar to such suit by the Judic...
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