2017 13 1962 - Law Dictionary Search Results
Home Dictionary Name: 2017 13 1962 Page: 2Police duties
Police duties, the expression 'police duties' will include all the functions of the police in connection with the purpose of the Act and in the special context of the Act they will include the detection, prevention and investigation of offences and the other duties which have been specially imposed on them under the Act, Delhi Administration v. Ram Singh, AIR 1962 SC 63 (66): (1962) 2 SCR 694. [(English) Suppression of Immoral Traffic in Women and Girls Act, 1956, s. 13(1) (3) and 2(i)]...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Sammelan
Sammelan, means the institution known as the Hindi Sahity Sammelan, incorprated under this Act. [Hindi Sahitya Sammelan Act, 1962, (13 of 1962), s. 3(c)]...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Importer
Importer, in relation to any goods at any time between their importation and the time when they are cleared for home consumption includes any owner or any person holding himself out to be the importer. [Customs Act, 1962 (52 of 1962), s. 2(26)]Means a person who imports or causes goods to be imported on his own account or as an agent for another person from outside the market are into a market are for the purpose of selling, processing, manufacturing or for any other purpose except for one's own domestic consumption, but shall not include a public carrier, Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (27 of 1966), s. 14A.Means a dealer who brings any goods into the State or to whom any goods are dispatched from any place outside the State. [Maharashtra Value Added Tax Act, 2002, s. 2(13)]Means a person or entity that brings goods into a country from a foreign country in the dispute, Black's Law Dictionary, 7th Edn., p. 759....
Adjudicating authority
Adjudicating authority, means an officer appointed by the Central Government under sub-s. (1) of s. 16 of the Act. [Foreign Exchange Management (Adjudica-tion Proceedings and Appeal Rules, 2000), R. 2 (b)](ii) Means an officer authorised under sub-s. (1) ofs. 16. [Foreign Exchange Management Act, 1999(42 of 1999), s. 2 (a)](iii) Means any authority competent to pass any order or decision under this Act but does not include the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963, Commissioner of Central Excise (Appeals) or Appellate Tribunal. [Central Excise Act, 1944 (1 of 1944), s. 2 (a)](iv) Means any authority competent to pass any order of decision under this Act, but does not include the Board, Commissioner (Appeals) or Appellate Tribunal. [Customs Act, 1962 (52 of 1962), s. 2 (1)](v) Means the authority specified in, or under, state s. 13. [Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), s. 2 (a)]...
Paper
Paper, includes vellum parchment or any other material or which an instrument may be written, Rajasthan Stamp Act, 1999, s. 2(xxvi).Paper. As to the paper on which proceedings in the Supreme Court must be printed, see PRINTING.It includes vellum, parchment or any other material on which an instrument may be written. [Indian Stamp Act, 1899, s. 2 (18)]The word 'paper' admittedly not having been defined either in the U.P. Sales Tax Act, 1948 or the rules made thereunder, it has to be understood according to the aforesaid well-established canon of construction in the sense in which persons dealing in and using the article understand it. It is, therefore, necessary to know what is paper as commonly or generally understood. The said word which is derived from the name of reedy plant papyrus and grows abundantly along the Nile river in Egypt is explained in The Shorter Oxford English Dictionary (volume 2) (Third Edition) as: A substance composed of fibers interlaced into a compact web, made ...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Dealing with offences
Dealing with offences, the expression 'dealing with offences' is of wide import and will include any act which the police has to do in connection with the offences under the Act, Delhi Admn v. Ram Singh, AIR 1962 SC 63 (66). [Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956), s. 13(1)]...
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