A Person - Law Dictionary Search Results
Home Dictionary Name: a person Page: 2Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
personal
personal 1 : of, relating to, or affecting a person: as a : of, relating to, or based on the existence or presence of a person see also personal injury personal jurisdiction at jurisdiction b : of, relating to, or restricted to a natural person and his or her rights, obligations, affairs, assets, or lifetime [refused to disclose information] [released on recognizance] 2 : of, relating to, or constituting personal property [ effects] see also personal property at property compare real per·son·al·ly adv ...
Personal use
Personal use, means a close scrutiny of the context in which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessee's person; in other words, an intimate connection between the effects and the person of the assessee must be shown to exist to render the 'personal effects'. The enumera-tion of articles like wearing apparel, jewellery and furniture, mentioned by way of illustrations in the above definition of 'personal effects', also shows that the legislature intended only those articles to be included in the definition which were intimately and commonly used the assessee, Random House Dictionary of the English Language Unabridged Edn., p. 1075.Means article associated with person as property having more or less intimate relation to person of possessor, Black's Law Dictionary, 4th Edn., p. 1301....
Accused person, a person accused of an offence
Accused person, 'a person accused of an offence', the expression, 'accused person' in s. 24 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. The expression 'accused of any offence' is descriptive of the person against whom evidence relating to information alleged to be given by him is made provable by s. 27 of the Evidence Act. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of Uttar Pradesh v. Deoman Upadhyaya, AIR 1960 SC 1125 (1129, 1132): (1960) 1 SCR 14. [Evidence Act, (1 of 1872), ss. 24, 25, 27]...
Juristic person
Juristic person, is not roped in any defined circle, with the changing thoughts, changing needs of the society, fresh juristic personalities were created from time to time, (Analytical and Historical Jurisprudence, 3rd Edn., p. 357).Juristic person, the very words 'juristic person' connote recognition of an entity to be in law a person which otherwise it is not. In other words, it is not an individual natural person but an artifi-cially created person which is to be recognised to be in law as such, Shiromani Gurudwara Prabhandhak Committee v. Som Nath Dass, (2000) 4 SCC 146: AIR 2000 SC 1421 (1427)....
Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Person with disability
Person with disability, means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability. [National Trust for Welfare of Persons with Austin Cerebral Palsy Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999), s. 2(j)]Means a person suffering from not less than forty per cent of any disability as certified by a medical authority. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 996), s. 2 (t)]...
Persons
Persons, the expression 'persons' undoubtedly includes natural persons. The class of such taxable persons has been indicated by the Legislature with reference to their occupational activity. Thus, in order to be authorised, a tax under cl. (b) of s. 61(1) must satisfy two conditions: First, it must be a tax on 'persons', Second, such persons must be practising any profession or art or carrying on any trade or calling in the municipality, Munshi Ram v. Municipal Committee, AIR 1979 SC 1250 (1252): (1979) 3 SCC 83: (1979) 3 SCR 463....
Delectus person'
Delectus person' (the choice of a person). It is an established principle of the Common Law that, as a partnership can commence only by the voluntary contract of the parties, so, when it is once formed, no third person can be afterwards introduced into the firm without the concurrence of all the partners who compose the original firm. It is not sufficient to constitute the new relation that one or more of the firm shall have assented to his introduction; for the dissent of a single partner will exclude him, since it would, in effect, otherwise amount to a right of one or more of the partners to change the nature, and terms, and obligations of the original contract, and to take away the delectus person', which is essential to the constitution of a partner-ship. So stubborn, indeed, is this rule, that even the executors and other personal representatives of a partner do not, in that capacity, succeed to the state and condition of that partner. The Roman Law is directed to the same purpos...
Any person aggrieved
Any person aggrieved, the words 'any person aggrieved' in s. 24 of the Act can only mean a person whose properties have been declared to be evacuee properties by the Custodian, or a person who moved the Custodian to get the properties so declared or any other such aggrieved person. The words 'any person aggrieved' in the context cannot include any Custodian as defined in the Act, Md. Sharfuddin v. R.P. Singh, AIR 1961 SC 1312 (1314): (1962) 1 SCR 239. (Administration of Evacuee Property, Act, 1950 s. 24)...
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