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Any person

Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...


From any premises

From any premises, The words 'from any premises' cannot be connected with the phrase 'for the fixation of standard rent', because then the preposition would have been 'of any premises' or 'for any premises' and not 'from any premises'. This means that the first phrase has to be read as complete in itself beginning from the words 'for the fixation' and ending with the words 'standard rent'. The second phrase then reads 'or for the eviction of a tenant from any premises'. The words 'from any premises' go very clearly with the words 'eviction of a tenant' and not with the words 'any suit or proceeding', Jai Narain v. Kishanchand, AIR 1969 SC 1165: (1969) 1 SCC 1165: (1969) 3 SCR 854....


At any given time

At any given time, the expression 'at any given time' means till that time when the results can be declared, Lalit Mohan Pandey v. Poorman Singh, (2004) 6 SCC 626 (664): AIR 2004 SC 2303.At any time, the expression at any time merely means that the termination may be made even during the subsistence of the term of appointment, Shrilakha Vidyasthi v. State of Uttar Pradesh, (1991) 1 SCC 212: AIR 1991 SC 537 (546): (1991) 1 SCC 212.The expression 'at any time' thus takes in such cases as where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed, Western India Match Co Ltd. v. Workers Union, (1970) 1 SCC 225 (231): AIR 1970 SC 1205. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947)]Exercise of suo motu power 'at any time' only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that 'at any time' should be unguided and arbitrary. In th...


Any

Any, the word 'any' has the following meaning:some; one of many; and indefinite number. One indiscriminately or whatever kind or quantity.Word 'any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute. It is often synonymous with 'either', 'every' or 'all'. Its generality may be restricted by the context;' (Black's Law Dictionary, 5th Edn.), Shri Balaganesna Metals v. M. N. Shanmugham Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T. N. Buildings (Lease and Rent Control) Act, 1960 (18 of 1960) s. 10(3)(c)]The word 'any' dictionary means 'one or same or all'. In Black's law Dictionary it is explained thus, 'word any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'same' or 'one' and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word 'any...


Body corporate established by any law

Body corporate established by any law, the words 'body corporate established by any law' should be deemed to include even a body corporate established under any law i.e., even a company. But it appears that the words 'body corporate established by any law' have been deliberately used. While all companies and corporations, as defined in the Act are liable to pay bonus, the intention seems to be that only subsidies paid by body corporate established by any law, should be deductible items and not subsidies paid by bodies corporate established under any law. Sch. II, item 6(g), Payment of Bonus Act, 1965. Shri Ambica Mills Ltd. No. 1 v. Textile Labour Association, (1973) 3 SCR 123: AIR 1973 SC 1081: (1973) 3 SCC 787 (796)....


Or any tax of a similar character chargeable under any law

Or any tax of a similar character chargeable under any law, the explanation to the new sub-clause (iia) inserted in s. 40 of the Income-Tax Act, 1961, which s. 4 of the Amendment Act adopts for the purposes of that s., defines 'wealth-tax' to include, inter alia, besides wealth-tax chargeable under the Wealth-Tax Act, 1957, 'any tax of a similar character chargeable under any law in force in any country outside India', Mitsui Steamship Co. Ltd. v. CIT, AIR 1975 SC 657: (1975) 1 SCC 394: (1975) 3 SCR 467....


Taking any part in the publication of any adver-tisement

Taking any part in the publication of any adver-tisement, the definition of the words 'taking any part in the publication of any advertisement' contained in s. 2(d) of the Act is wide enough to include the printing of the advertisement and the sending of it in any part of India, Dr. Yash Pal Sahi v. Delhi Administration, AIR 1964 SC 784 (787): (1964) 5 SCR 582. [Drugs and Magic Remedies Objectionable Advertisements Act (21 of 1954), s. 2(d)]...


Without assigning any cause

Without assigning any cause, the expression 'at any time' merely means that the termination may be made even during the substance of the term of appointment and 'without assigning any cause' means without communicating any cause to the appointee whose appointment is terminated. However, 'without assigning any cause' is not to be equated with 'without existence of any cause'. It merely means that the reason for which the termination is made need not be assigned or communicated to the appointee, Shrilekha Vidyarthi v. State of Uttar Pradesh, AIR 1991 SC 537: (1991) 1 SCC 212....


Any act or omission which constitutes any offence under this Act

Any act or omission which constitutes any offence under this Act, the expression 'Any act or omission which constitutes any offence under this Act' in s. 56 of the Act, merely imports the idea that the same act or omission might constitute an offence under another law and could be tried under such other law or laws also, State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655 (665): AIR 1989 SC 1. [Wild Life (Protection) Act, 1972, s. 56]...


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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