Ajmer - Law Dictionary Search Results
Home Dictionary Name: ajmerAct
Act, Something done or performed especially voluntarily; a deed, Black's law Dictionary, 7th Edn., p. 24.Is used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to act done extend also to illegal omissions. [General Clauses Act, 1897 (10 of 1897), s. 3 (2)]The term act is one of the ambiguous import, being used in various senses of different degrees of generation. When it is said, however, that an act is one of the essential conditions of liability. We use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law. John Salmond, Jurisprudence 367; Glanville L. Williams, 10th Edn. 1947.Act does not mean depose, Janki Vashdeo Bhojwani v. Indusind Bank Ltd., AIR 2005 SC 439.In view of the provisions of the General Clauses Act, the expression 'act also includes illegal omissions,...
Delegation of subsidiary or ancillary measure
Delegation of subsidiary or ancillary measure, when a legislature is given plenary power to legislate on a particular subject there must also be an implied power to make laws incidental to the exercise of such power. It is a fundamental principle of constitutional law that everything necessary to the exercise of a power is included in the grant of the power. A legislature cannot certainly strip itself of its essential functions and vest the same on an extraneous authority. The primary duty of law making has to be discharged by the legislature itself but delegation may be resorted to as a subsidiary or an ancillary measure, Edward Mills Co. v. State of Ajmer, AIR 1955 SC 25 (32) (Constitution of India, Art. 245)....
Especially
Especially, the word 'especially' means facts that are pre-eminently or exceptionally within the knowledge of the accused, Shambhu Nath Mehra v. State of Ajmer, AIR 1956 SC 404 (406). [Evidence Act, (1 of 1872), s. 106]...
Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
Hotel
Hotel, includes a refreshment room, a boarding house, a lodging house, a coffee house, a lodging house, a coffee house and a caf'. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (aa)]A hotel in common parlance means a place where a proprietor makes it his business to furnish food or lodging or both to travellers or other persons. A building cannot be run as a hotel unless services necessary for the comfortable stay of lodgers and boarders are maintained. Services so maintained vary with the standard of the hotel and the class of persons to which it caters; but the amenities must have relation to the hotel business. Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262 (1270): (1960) 1 SCR 386. [Delhi and Ajmer Marwara Rent Control Act (19 of 1947), s. 2(b)]...
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
Law in force and existing law
Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...
Officer
Officer. See ARMY; NAVY. A contract between the Crown and any of its military or naval officers for services rendered or to be rendered is not enforceable in a Court of law, see Jynaston v. A.G., 49 TLR 300.It means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--(a) an officer of any Air Force Reserve or the Auxiliary Air Force who is for the time being subject to this Act.(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy. [Air Force Act, 1950, s. 4(xxiii)]It means a president, vice-president, chairperson, vice chair-person, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under s. 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society. [Multi-State Co-operative Societies Act, ...
Or otherwise
Or otherwise, in s. 18, clause (2) of the Delhi-Ajmer Rent Control Act do not merely mean on the oral complaint of some tenant'. They clearly cover a case in which some tenants in a newly constructed building complain to the Rent Controller that their rent is excessive and he discovers that other tenants in the same building are also charged similar excessive rents for the premises occupied by them, Raj Krishna Jai v. Tulsi Das R. Sugand, (1954) 56 Punj LR 193: 1954 Punj 198....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial