Bharat - Law Dictionary Search Results

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Founder of the institution

Founder of the institution, the expression 'founder of the institution' used in s. 13(3) (a) means that the person concerned should be the originator of the institution, or at least one of the persons responsible for the coming into existence of the institution. Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741 (757). [Income-tax Act, 1961, s. 13(3) (a)]Founder's shares, in English company law, shares issued to the founders of or vendors to, a public company as a part of the consideration for the business, or concession etc., taken over, and not forming a part of, the ordinary capital, (Corpus Juris Secundum, Vol. 37, p. 37). See also Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741....

Actus curiae neminem gravabit.

Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, (1897) 2 Ch 554: (1898) 2 Ch 358.No act of Court should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195, Nand Kishore Morwah v. Samundri Devi, (1987) 4 SCC 382: AIR 1987 SC 2284, Atama Ram Mital v. Ishwar Singh, (1988) 4 SCC 284: AIR 1988 SC 2031; Mithilesh Kumari v. Prem Behari Khare, (1989) 2 SCC 95: AIR 1989...

Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence w...

Agricultural produce

Agricultural produce, Sugar is 'Agricultural Produce', Kishan Lal v. State of Rajasthan, 1990 Supp SCC 742 (745): AIR 1990 SC 2569. [Rajasthan Agricultural Produce Markets Act, 1961 (38 of 1961), s. 2(1) (i)]The term 'agricultural produce' according to its definition contained under s. 2(a) of the Act means all produce, whether processed or not, of agricultural, horticulture, animal husbandry or forest as specified in the Schedule to the Act. Sheep-hair is consequently an agricultural produce within the meaning of the Act so that the various provisions therein with regard to agricultural produce are applicable to sheep-hair also, Modanlal Manoharlal v. State of Haryana, (1990) 1 SCC 184: AIR 1990 SC 556 (559). [Punjab Agricultural Produce Markets Act, 1961 (23 of 1961) s. 2(a)]See also Belsund Sugar Co. Ltd. v. State of Bihar, (1999) 9 SCC 620: AIR 1999 SC 3125. [Bihar Agricultural Produce Markets Act, 1960 (16 of 1960) ss. 2(1)(a), 27 and 15]Agricultural produce includes food stuffs b...

Announcement

Announcement, any and every effort or enterprise and attempts made to make known a thing or the existence of a thing openly or publicly. Municipal Corporation of Greater Bombay v. Bharat Petroleum Corporation Ltd. (2002) 4 SCC 219 (226)....

Bandh

Bandh, the distinction drawn between a 'Bandh' and a call for general strike or 'Hartal' is well made out with reference to the effect of a 'Bandh' on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction it can be concluded that there cannot be any right to call or enforce a 'Bandh' which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways, Communist Party of India(M) v. Bharat Kumar, AIR 1998 SC 184: (1998) 1 SCC 201. (Constitution of India, Art. 19)...

Cause of action

Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...

Certifier

Certifier, in a construction contract will often be performing an administrative rather than a judicial function, and when doing so, there may, often be no formulated disputed before him at all, Bharat Bhushan Bensal v. U.P. Small Industries Corporation Ltd., (1999) 2 SCC 166....

Cock oven plant

Cock oven plant, 'Coke oven plant' means the plant and equipment with which the manufacture of hard coke has been or is being, carried on, and includes-(i) all lands, building, works, machinery and equipment, vehicles, railways, tramways and sidings, belonging to, or in the coke oven plant, (ii) all workshop belonging to the coke oven plant, including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand, (iii) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant, (iv) all power stations belonging to the coke oven plant or operated for supplying electricity for the purpose of working the coke oven plant or a number of coke oven plants, (v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on, (vi) all other fixed assets, movable or immovable, and current assets belonging to a coke oven plant, whether within its ...

Coke and coal

Coke and coal, two products are distinct and different. Whereas 'coal' is a stone-like product excavated from the earth, 'coke' is the processed product of coal obtained by indirect heating in beehive ovens and by-product ovens which are commonly known as 'coke oven plants', Bharat Coking Coal Ltd. v. Steel Abrasers and Allied Products Ltd., 1994 Supp (3) SCC 361 (362) [Colliery Control Order, 1945, cl. 2(1)(2)]...

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