1986 2 Scc23723 - Law Dictionary Search Results
Home Dictionary Name: 1986 2 scc23723Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
In the interest of general public
In the interest of general public, the expression 'in the interest of general public' is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution. in respect of legislations and notifications concerning the wages, working conditions or the other amenities for the working class, the courts have adopted a liberal attitude and the interest of the workers has been protected notwithstanding the hardship that might becaused to the employers, Municipal Corporation of the City of Ahmedabad v. Jan Mohammad Usmanbhai, AIR 1986 SC 1205 (1212): (1986) 3 SCC 20: (1986) 2 SCR 700.The phrase 'in the interest of the general public' is the phrase of a definite connotation and a known concept. This phrase, as used in amended s. 25-O, has been bodily lifted from Article 19(6) of the Constitution of India, Orissa Textile and Steel Co. v. State of Orissa, AIR 2002 SC 708 (725): (2002) 2 SCC ...
Citizen of India
Citizen of India, when once a person is admitted or held to be a citizen of India, unless there is a decision of the Central Government under s. 9(2) of the Citizenship Act, 1955 that he has acquired the citizenship of a foreign country, he should be presumed to be an Indian citizen. S. 9 of the Citizenship Act, 1955 is a complete code as regards the termination of Indian citizenship on the acquisition of the citizenship of a foreign country, Bhagwati Prasad Dixit 'Ghorewala' v. Rajeev Ghandhi (1986) 2 SCR 823: (1986) 4 SCC 78: AIR 1986 SC 1534 (1539). [Citizenship Act, 1955, s. 9(2)]...
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Shall presume
Shall presume, denotes that the court would pre-sume in that event, no discretion has been left with the court and there is a legislative command to it to raise a presumption and regard such fact as proved unless and until it is disproved. In such an eventuality, the question of calling upon the parties to formally prove a document does not arise, Haradhan Mahatha v. Kuhju Mahatha, AIR 1993 Pat 129: (1993) 2 Pat LJR 28: (1993) 2 BLJ 289: (1993) BBCJ 355.Shall presume, these words i.e., 'shall presume' are being used in Indian judicial tore for over a century to convey that they lay down a rebuttable presumption in respect of matters with reference to which they are used, Sodhi Transport Co. v. State of U.P., AIR 1986 SC 1099: (1986) 2 SCC 486: (1986) 1 SCR 939....
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Casual employee
Casual employee, Casual employees are employees within the meaning of the term 'employee' as defined in s. 2(9) of the E.S.I. Act, 1948 and, accordingly, come within the purview of the Act, Regional Director, E.S.I. Corporation v. South India Flour Mills Ltd., (1986) 2 SCR 863: AIR 1986 SC 1686 (1689): (1986) 3 SCC 238....
Cloth
Cloth. By 12 Edw. 3, c. 3, no cloth made beyond sea might be brought into the kingdom on paint of forfeiture of the goods and punishment of the importer.Going by the meaning given in dictionaries as well as by its generally accepted popular connotation 'cloth' is woven, knitted or felted material which is pliable and is capable of being wrapped, folded or wound around. It need not necessarily be material suitable for making garments because there can be 'cloth' suitable only for industrial purpose; but nevertheless it must possess the basic feature of pliability. Hard and thick material which cannot be wrapped or wound around cannot be regarded as 'cloth', Filterco v. Commissioner of Sales Tax, (1986) 1 SCR 239: AIR 1986 SC 626 (627): (1986) 2 SCC 103. [MP General Sales Tax Act (2 of 1959) s. 42B and Sch. I, Entry 6]...
Cheating
Cheating, Cheating is defined as whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that, person in body mind, reputation or property, is said to 'cheat' in s. 415 of the IPC and the ingredients for the offence are:(i) there should be fraudulent or dishonest inducement of a person by deceiving him;(ii) (a) the person so induced should be intentionally induced to deliver any property to any person or to consent that any person shall retain any property, or(b) the person so induced should be intentionally induced to do or to omit to do anything which he would not do or omit if he were not so deceived; and(iii) In cases covered by the second part of ...
Surcharge
Surcharge, an overcharge of what is just and right; exceeding one's powers or privileges; a declaration by an auditor that a person is personally liable to refund a particular part of public money illegally expended by him [see, e.g. the Public Health Act, 1875, s. 247 (7)]; a second or further mortgage. See AUDIT.1. An additional tax, charge, or cost usu. one that is excessive 2. An additional load or burden, Black's Law Dictionary, 7th Edn.The expression 'surcharge' in the context of taxation means an additional imposition which results in enhancement of the tax and the nature of the additional imposition is the same as the tax on which it is imposed as surcharge. A surcharge on land revenue is an enhancement of the land revenue to the extent of the imposition of surcharge. The nature of such imposition is the same viz., land revenue on which it is a charge, Sarojini Tea Co. (P) Ltd. v. Collector of Dibrugarh, AIR 1992 SC 1264 (1269): (1992) 2 SCC 156. [Assam Land Revenue and Land (S...
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