2002 2 Scc33339 - Law Dictionary Search Results
Home Dictionary Name: 2002 2 scc33339Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
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...
Agreement
Agreement [fr. gratus, Lat., acceptable; aggregatio mentium, Lat.], a consensus of two or more minds in anything done or to be done. See CONTRACT.Includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings. [Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (a)]Means an agreement entered into under s. 20. [Pharmacy Act, 1948 (8 of 1948), s. 2 (a)]Means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2 (b)]The expression 'agreement' referred to in the clause (b) of Article 73 has to be considered in terms of Article 299 of the Constitution, Sharma Transport v. Government of A.P., (2002) 2...
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 ...
Domicile and residence
Domicile and residence, etymologically, 'residence' and 'domicile' carry the same meaning, inasmuch as both refer to the permanent home, but under Private International Law, 'domicile' carries a little different sense and exhibits many facets. In spite of having a permanent home, a person may have a commercial, a political or forensic domicile. 'Domicile' may also take many colours; it may be domicile of origin, domicile of choice, domicile by operation of law or domicile of dependence. In Private International Law domicile' jurisprudentially has a different concept altogether, Union of India v. Dudh Nath Pandey, AIR 2000 SC 525 (532): (2002) 2 SCC 20.In spite of having a permanent home, a person may have a commercial, a political or a forensic domicil, Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.It means a person must have a permanant home in Chandigarh or he has been there for years with the intention to live there permanently or indefinitely, Chandigarh Housing Board v. Gurm...
Arbitrarily
Arbitrarily, The expression 'arbitrarily' means: in an unreasonable manner, as fixed or done capriciously or at pleasure, without adequate determining principle, not founded in the nature of things, non-rational, not done or acting according to reason or judgment, depending on the Will alone, Sharma Transport v. Govt of Andhra Pradesh, (2002) 2 SCC 188: AIR 2002 SC 322 (331)....
As Parliament may by law determine
As Parliament may by law determine, the leverage given by constitutional mandate by reason of inclusion of the words 'readjusted by such authority and in such manner as Parliament may by law determine' (emphasis supplied) depicts the intent of Parliament as to its true effect. It is an enabling provision for adjustment of sets in accordance with the need of the situation. This authorization as contained in Articles 82 and 170 stands out to be an enabling provision for incorporating sub-article (3B) under Article 332. Be it noted that proportionality though mainly dependent upon the basis of population but it cannot always be done with arithmetical precision and mathematical nicety. The provision incorporated 'as Parliament may by law determine' stands out to be an enabling provision to meet the exigencies of the Constitution, Subrata Acharjee v. Union of India, (2002) 2 SCC 725: AIR 2002 SC 846 (846)....
Bodily injury
Bodily injury, means simply, injury to the passenger's body, Morris v. KLM Royal Dutch Airlines, (2002) 2 WLR 578 (HL): (2002) UK HL 7 (CA); Carriage by Air Act, 1961, Schedule 1, Article 17 (UK)....
Express condition
Express condition, the words 'express condition' stipulates that condition must be clear, manifest, explicit, unambiguous and there is no question of drawing any inference. If there is no express condition restraining partial alienation of the leasehold property, it would not be open to the transferee of the lessor's right to invoke the forfeiture clause for determining the perpetual lease and such conditions cannot be inferred by implication, Raghurao Rao v. Eric P. Mathias, (2002) 2 SCC 624: AIR 2002 SC 797 (802). [Transfer of Property Act, 1882, s. 111(g)]...
Composition
Composition. 1. An amicable arrangement of a law-suit. See COMPROMISE.2. An agreement between a parson, patron, or ordinary, and the owner of lands, for commutation of tithes, e.g., that such lands shall for the future be discharged from payment of tithes, by reason of some land or other real recompense given to the parson in lieu and satisfaction thereof. Tithe Act, 1832, s. 2, and see TITHES.3. Also an agreement made between an insolvent debtor and his creditors, by which the latter accept a part of their debts in satisfaction of the whole. See ARRANGEMENTS.(According to Mr. Brandenstein) within the original meaning of that expression which -- at least in part -- were not consumed before the transfer to private use, or independently (or additionally) acquired goods, Fisher v. Finanzamt Burgdorf (ECJ), (2002) 2 WLR 1207.Is an agreement between the compounding debtor an all or some of his creditor by which the compounding creditors agree with the debtor, and, expressly or impliedly, wi...
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