2007 2 Scc181 - Law Dictionary Search Results
Home Dictionary Name: 2007 2 scc181Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
Common law constitutionalism
Common law constitutionalism, the protection of fundamental constitutional right through the common law is the main feature of common law constitutionalism, I.R. COELHO v. State of Tamil Nadu, (2007) 2 SCC 1....
Constitutionalism
Constitutionalism, requires control over the exercise of governmental power to ensure that it does not destroy the democratic principles upon which it is based, I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1....
E-auction
E-auction, It is not a method of fixing price, Ashoka Smokeless Coal India (P) Ltd. v. Union of India, (2007) 2 SCC 640 [Central Vigilance Commission Act, 2003, s. 8(1)(h)]...
Class II service
Class II service, the words 'Class II service' in Rule 8 (2) of the Haryana Service of Engineers Class I P.W.D. (Irrigation Branch) Rules,1964 must bear the same meaning as the expression 'Class II service' as defined in Rule 2 (5). The artificial definition of 'Class II service' introduced by amendment of Rule 2 (5) in 1975 was obviously to bring persons who were not Assistant Engineers i.e. members of Class II service within the zone of consideration for purposes of promotion the post of Executive Engineer under Rule 6 (b) of Class I Rules, Ashok Gulati v. B.S. Jain, 1986 Supp SCC 597: (1987) 1 SCR 603: AIR 1987 SC 424 (431)....
To which the provisions of Part II apply
To which the provisions of Part II apply, the words 'to which the provisions of Part II apply' in s. 28 of the Bombay Rent Act indicate that the exclusive jurisdiction for recovery of possession is to be exercised when the provisions of Part II which include ss. 12 and 13 apply, Nagindas Ramdas v. Dalpatram Ichharam Alias Brijram, AIR 1974 SC 471: (1974) 1 SCC 242: (1974) 2 SCR 544...
Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
Qui per fraudem agit, frustra agit (2 Rol. Rep 17)
Qui per fraudem agit, frustra agit (2 Rol. Rep 17), What a man does fraudulently, he does in vain....
A shared household
A shared household, in s. 2(5) of the Protection of Women from Domestic Violence Act, 2005 is not very happily worded, and appears to be the result of clumsy drafting, but the court has to give it an interpretation which is sensible and which does not lead to chaos in society, S.R. Batra v. Taruna Batra, 136 (2007) DLT 1 (SC): 1 (2007) DMC 1 (SC): 2007 (1) UJ 2 (SC). [Protection of Women from Domestic Violence Act, 2005, s. 2(s)]...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
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