2006 4 Scc68327 - Law Dictionary Search Results
Home Dictionary Name: 2006 4 scc68327Heat of passion
Heat of passion, heat of passion requires that there must be no time for the passions to cool down, Ghapoo Yadav v. State of Madhya Pradesh, (2003) 3 SCC 528: AIR 2003 SC 1620 (1622). (Indian Penal Code, s. 300, Exception 4)See also Sridhar Bhuyan v. State of Orissa.Rage, terms, or furious hatred sudden aroused by some immediate provocation, usu. another person's words or action, Black's Law Dictionary, 7th Edn., p. 726.Requires that there must be no time for the passion to cool down and the parties have worked themselves into a furry on account of the verbal altercation in the beginning, Sandhya Jadhav v. State of Maharashtra, (2006) 4 SCC 653: (2006) 4 JT 316: (2006) 3 SCALE 665: (2006) 3 Supreme 217: (2006) 3 SLT 249: (2006) 4 SCJ 489: (2006) 7 SCJD 358: (2006) 5 SRJ 93: 2006 Cr LJ 2111: (2006) 2 SCC (Cri) 394: (2006) 2 Crimes 5 (SC): (2006) 1 JCC 599: (2006) 2 Recent CR 472: (2006) 4 CRJ 437.Subsequent procedures did not impose a heavier penalty than the indeterminate sentence impo...
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...
Modesty
Modesty, as 'womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct; reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Oxford English Dictionary (1993 Edn.); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, as freedom from coarseness, indelicacy or indecency; a regard for propriety in dress, speech or conduct, (Webster's Third New International Dictionary); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, can be described as the quality of being modest; and in relation to a woman , 'womanly propriety to behaviour; scrupulous chastity of thought, speech and conduct.' It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Aman Kumar v. State of Haryana, (2004) 4 SCC 379 (389). (Indian Penal Code, s. 354)--the essential ingredients of the offence unders. 354, IPC are as under:(i) that the person assaulted must be a wom...
Foreign award
Foreign award, an award in pursuance of an arbitration agreement governed by India Law, if the conditions under s. 44 are satisfied, will not cease to be a foreign award, merely because the arbitration agreement is governed by the law of India, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507: 2006 (5) SCALE 535: 2006 (6) Supreme 519: 2006 (4) SCJ 217: 2006 (7) SCJD 112: 2006 (20 Arb LR 547. [Arbitration and Conciliation Act, 1996, s. 44 & 2(e)]An award made outside India, even if governed by Indian Law, may be a foreign award but it must satisfy two conditions, viz., that it is made (i) in pursuance of an agreement in writing for arbitration to which the New York Convention applies, and (ii) in one of such territories which the Central Government has notified in the Official Gazette to be a territory to which the New York Convention applies, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507:...
Jural
Jural, means 'legal' or 'pertaining to rights and obligations', Prabhakaran v. M. Azhagiri Pillai, (2006) 4 SCC 484.Means legal as pertaining to rights and obligations, Prabhakaran v. M. Azhagiri Pillai, AIR 2006 SC 1567: (2006) 4 SCC 484: (2006) 5 JT 57: (2006) 3 SCALE 235: (2006) 3 Supreme 245: (2006) 3 SLT 134: (2006) 4 SCJ 80: (2006) 4 SCJD 188: (2006) 5 SRJ 193....
Jural relation between parties
Jural relation between parties, means legal relation-ship between parties with reference to their rights and obligations, Prabhakaran v. M. Azhagiri Pillai, AIR 2006 SC 1567: (2006) 4 SCC 484: (2006) 5 JT 57: (2006) 3 SCALE 235: (2006) 3 Supreme 245: (2006) 3 SLT 134: (2006) 4 SCJ 80: (2006) 4 SCJD 188: (2006) 5 SRJ 193.Means legal relationship between parties with refer-ence to their rights and obligations, Prabhakaran v. M. Azhagiri Pillai, (2006) 4 SCC 484....
Interested
Interested, a close relative who is a very natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the person concerned must have some direct interest in seeing that the accused person is somehow or the other convicted either because he had some animus with the accused or for some other reason, Dalbir Kaur v. State of Punjab, AIR 1977 SC 472: (1977) 1 SCR 280: (1976) 4 SCC 158.Interested, postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1 JCC 396: (2006) 1 Recent CLR 966: (2006) 2 CRJ 363....
Interlocutory application
Interlocutory application, is nothing but an applica-tion in the course of an action. It is a request made to a court for its interference in a matter arising in the progress of proceeding, Harihar Nath v. State Bank of India, (2006) 4 SCC 457: (2006) 4 JT 241: (2006) 4 SCALE 43: (2006) 3 Supreme 324: (2006) 3 Supreme 566: (2006) 3 SLT 335: (2006) 5 SCJ 21: (2006) 5 SCJD 587: (2006) 5 SRJ 229: (2006) 131 Comp Cas 119 (Civil Procedure Code, 1908, s. 94 & O. 39, r. 1)....
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
Interested witness
Interested witness, a close relative who is a natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the witness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason, Kartik Malhar v. State of Bihar, (1996) 1 SCC 614 (620).A witness is not excluded from giving evidence by reason of his interest in the matter in question, 6 & 7 Vict. c. 85, s. 1.Means a close relative who is a very natural witness cannot be termed as an interested witness. The term interested postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1...
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