2011 11 Scc 396 - Law Dictionary Search Results
Home Dictionary Name: 2011 11 scc 396Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Substitute
Substitute, 1. One who stands in another's place 2. A person named in a will as heir to an estate after the estate has been held and then passed on by another specified person, Black's Law Dictionary, 7th Edn., p. 1443.Mean 'to put in the place of another person or thing' or 'to exchange', Black's Law Dictionary, 5th Edn., p. 1281.Means 'to serve or cause to serve in place of another person or thing; to replace with: or 'a person or thing that serves in place of another, such as a player in a game who take the place of an injured colleague' (Collins English Dictionary).Means the replacement of one by another, which might be equal to it, but differently expressed, N.N. Chakravarty v. State of Assam, AIR 1960 Assam 11; I.C. Sharma v. Union of India, (1992) 21 ATC 63; Vijayalakshmi Rice Mills; New Contractors Company v. State of Andhra Pradesh, 1976 UJ (SC) 367.Substitute, ordinarily would mean 'to put (one) in place of another; or 'to replace', Government of India v. Indian Tobacco Assn....
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
For the time being
For the time being, it may be for indefinite period of time depending upon the context in which the phrase is used. It denotes indefinite period of time, meaning thereby, the position as existing at the time of application of the rules, may be amended or unamended. Therefore, to come to a conclusion as to whether it is for one time or for indefinite period of time, the context, purpose and the intention of the use of the phrase will have to be seen and examined, Union Territory of Chandigarh v. Rajesh Kumar Bancundhi, (2003) 11 SCC 549 (554).For the time being means at the moment or existing position, Jivendra Nathu Kaul v. Collector, (1992) 3 SCC 576 (580).For the time being, the expression 'for the time being' indicates an indefinite period of time depending upon the context in which the phrase is used. Generally it denotes an indefinite period of time, meaning thereby, the position as existing at the time of application of the rules, maybe, amended or unamended . To come to a conclu...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Consult
Consult, word 'consult' in its ordinary meaning means 'to ask advice' or 'to take counsel', Madan Mohan Choudhary v. State of Bihar, AIR 1999 SC 1018 (1025): (1999) 3 SCC 396. [Constitution of India, Art. 235]...
Taken
Taken, word 'Taken' must be understood in its proper perspective. A person cannot take the benefit unless final order of assessment is passed, Shree Hari Chemicals Export Ltd. v. Union of India, (2006) 1 SCC 396....
Deemed
Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it h...
Wilful
Wilful, deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing, Dictionary of Law by L.B. Curzon, p. 361. See also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means 'governed by Will without yielding to reason or without regard to reason; obstinately or perversely self-willed, Webster's Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means intentional; not incidental or involuntary.Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently;In common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary, Word and Phrases, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the...
Tax
Tax [fr. tasg, Wel.; taxe, Fr. and Dut.], an impost; a tribute imposed on the subject; an excise; tallage.A monetary charge imposed by government on persons, entities or properly to yield public revenue, Black's Law Dictionary, 7th Edn., p. 1469.Some general principles of taxation have been said to be:-(1) The subjects of every State ought to contribute to the support of the Government as nearly as possible in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the State. In the observation or neglect of this maxim consists what is called the equality or inequality of taxation.(2) The tax which each individual is bound to pay ought to be certain and not arbitrary. The time of payment, the manner of payment, the quality to be paid, ought all to be clear and plain to the contributor, and to every other person.(3) Every tax ought to be levied at the time, or in the manner, in which it is most likely to be co...
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