5 And 5 E - Law Dictionary Search Results
Preamble
in case of ambiguity in the statute itself. Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1),
Dealer, auction
State of Orissa, Mcleod and Company Ltd. v. State of Orissa, (1984) 1 SCC 434: AIR 1984 SC 590: (1984) 1 SCR 865. Before a person can be said to be a 'dealer' it must be shown … goods with a view to reselling them, Auctions (Bidding Agreements) Act, 1927, s. 1(2) (UK), Halsbury's Laws of England (2), para 944, p. 461. means a person carrying on the business of selling fertilisers, whether wholesale or
Judicial power
the parties before it and carry it into effect, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (736). Judicial power, has been defined: If a body which has power to give a binding and authoritative … Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and
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Levy
tax must also be done with the authority of law, Mafatlal Industries Ltd. v. Union of India, (1997) 5 SCC 536 (653). The term 'levy' is wider in its import than the term 'assessment'. It may include … subject-matter of levy and rate of levy. Levy of duty does not mean actual collection, Collector of Central Excise, Chandigarh v. Smith Kline Beecham Consumer Health Care Ltd., AIR 2003 SC 829. [see Central Excise Act, 1944
Usage
cannot be understood as referring to any entitle-ment of a person to hold a particular office, N. Adithayan v. Travancore Devaswom Board (FB), AIR 1996 Ker 169; Travancore Cochin Hindu Religious Institutions Act, 1950, ss. 24, 31. … there is no usage through inheritance though a right can be acquired by prescription. 'Usage in its most extensive meaning, includes both custom and prescription, but in its narrower significance, it refers to a general habit, mode
F
from the Phoelignician the ultimate source being probably Egyptian Etymologically f is most closely related to p k v and b as in E five Gr pente E wolf L lupus Gr lykos E fox vixen fragile
Compromise
SCC 364. Means settlement of difference by mutual concessions, State of Punjab v. Phulan Rani, (2004) 7 SCC 555. Compromise, between the parties means that there is some element of give and take on both sides, Ram … dispute by mutual concession; also a mutual promise of two or more parties at difference to refer the ending of their controversy to arbitrators. As to the authority of counsel to compromise an action, see Neale v.
Real representative
were consolidated and extended by the Administration of Estates Act, 1925 (which applies to deaths after 1925, s. 54, ibid.), with the object of assimilating the law of succession to real and personal property. Sect. 1 of … Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under
Rectification
or defect, which after rectification is made right, and corrected by removal or the flaws, Benarsi Dass Saraf v. Dalmia Dadri Cement Ltd., (1967) 37 Comp Cas 440: AIR 1959 Punj 232. Rectification. The power to rectify … Rectification, implies the correctness of an error or removal of defects or imperfections. It implies prior existence of error, mistake, or defect, which after rectification
Audit
common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously. The
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