As It Thinks Fit - Law Dictionary Search Results
Home Dictionary Name: as it thinks fit Page 1 of about 40 results (0.004 seconds)As it thinks fit
As it thinks fit, the expression 'as it thinks fit' confers a very wide jurisdiction enabling it to take an entirely different view on the same set of facts. The expression 'as it thinks fit' has the same connotation, unless context otherwise indicates, 'as he deems fit' and the latter expression was interpreted by this Court in Raja Ram Mahadev Paranjype v. Aba Maruti Mali to mean to make an order in terms of the statute, an order which would give effect to a right which the Act has elsewhere conferred, Babulal Nagar v. Shree Synthetics Ltd, 1984 Supp SCC 128 (139): AIR 1984 SC 1164. [Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) s. 66]...
Pass such order as it thinks fit
Pass such order as it thinks fit, is not restricted to the passing of orders which are final in character. It is for the purposes of doing complete justice between the parties, the authority who hears the revision petition is satisfied that it is necessary to call for additional evidence, he may call for such evidence, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227.The expression 'pass such order as it thinks fit' ins. 64A, as amended by the Bihar Act, is not restricted to the passing of orders which are final in character, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227 (1231): (1968) 3 SCR 322. [Motor Vehicles Act, 1939, s. 64A]...
Make such order as it thinks fit
Make such order as it thinks fit, The words 'may make such order as it thinks fit' in the s. vest the Court with a discretion to dispose of the property in any of the three modes specified in the s. 452(1) CrPC, 1973. But the exercise of such discretion is inherently a judicial function. The choice of the mode or manner of disposal is not to be made arbitrarily, but judicially in accordance with sound principles founded on reason and justice, keeping in view the class and nature of the property and the material before it, N. Madhavan v. State of Kerala, AIR 1979 SC 1829 (1830): (1979) 4 SCC 1: (1980) 1 SCR 228. [CrPC, 1973, s. 452(1)]...
Such other order as it thinks fit
Such other order as it thinks fit, does not include an order of dismissal of suit, Raj Rani Srivastava v. District Judge, Lucknow, (1997) 1 JCLR 191 (See also Code of Civil Procedure, 1908, O. 27, r. 2)....
Think fit
Think fit, is a simple word of relation and its ordinary grammatical meaning will not be extended so as to include something else other than that to which it relates, Bryson v. Russell, 14 QB 720.Means sometimes a testator empowers the trustees to invest the proceeds of the sale of certain properties as they should think fit. This means as the trustee shall honestly 'think fit'. It would be futile for a trustee to say that he thought fit to make an investment which he knew to be wrong. The court would say that he ought to 'think fit' so to do and would came to the conclusion that he did not in fact 'think fit', Smith v. Thompson, (1896) 1 Ch 71....
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Pass such orders as the Tribunal thinks fit
Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct the Appellate Assistant Commissioner or Income Tax Officer to hold a further enquiry and dispose off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455....
Deposit
Deposit, money paid to a person as an earnest or security for the performance of some contract, especially a contract for the sale of real estate. Also a naked bailment of goods to be kept for the bailor without recompense, and to be returned when the bailor shall require it. The appellation and the definition are both derived from the civil law. Depositum est quod custodiendum alicui datum est. It is, in the civil law, divisible into two kinds: (1) necessary, made upon some sudden emergency, and from some pressing necessity; as, for instance, in case of a fire, a shipwreck, or other overwhelming calamity, when property is confided to any person whom the depositor may meet without proper opportunity for reflection or choice, and thence it is called miserabile depositum; (2) voluntary, which arises from the mere consent and agreement of the parties. the Common Law has made no such division. There is another class of deposits, called involuntary, which may be without the assent or even k...
As he thinks fit
As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....
Assessors
Assessors, literally those who sit by the side of another: persons appointed to ascertain and fix the value of taxes, rates, etc. Also persons sometimes associated with judges of courts to advise and direct the decisions of such judges.By the (English) Judicature Act, 1925, s. 98, replacing the (English) Judicature Act, 1873, s. 56, the High Court or the Court of Appeal may, when it may think it expedient other than in a criminal proceeding by the Crown, call in the aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court Admiralty Jurisdiction Act, 1868, s. 14, provision is made for the appointment of assessors of 'natural skill and experience' in Admiralty actions, and such assessors frequently sit in county courts under the powers of this Act.Schedule II. of the (English) Workmen's Compensa-tion Act, 1925, gives a county court ...
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