By Reason Of - Law Dictionary Search Results
Home Dictionary Name: by reason of Page: 2Reasonable requirement
Reasonable requirement, belongs to the knowledge of the law and means reasonable not in the mindof the person requiring the accommodation but reasonable according to the actual facts, Damodar Sharma v. Nandram Deviram, AIR 1960 MP 345 (FB).Connotes something more than desire but less than absolute necessity, Petro-leum Worker's Union v. Mohammed & Co., AIR 1967 Mad 33: 1965 MP LJ 979: (1966) 17 STC 1: 1965 Jab LJ 1065.The words 'reasonable requirement' postulate that there must be an element of need as opposed to a mere desire or wish. The connotation of the term 'need' or 'requirement; should not be artificially extended nor its language so unduly stretched or strained so as to make it impossible or extremely difficult for the landlord to get a decree for eviction, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272 (276). [J&K Houses and Shops Rent Control Act (34 of 1966), s. 11(1)(h)]What is reasonable requirement is a question of fact and it depends upon the circumstances of each case....
Reasonableness of award
Reasonableness of award, reason varies in its conclusions according to the idiosyncrasy of the individual and the times and the circumstances in which he thinks. The word 'reasonable' has in law prima facie meaning of reasonable in regard to those circumstances of which the actor, called upon to act reasonably, knows or ought to know, Gujarat Water Supply and Sewerage Board v. Unique Erectors (Guj) (P) Ltd., AIR 1989 SC 973: (1989) 1 SCC 532: (1989) 1 SCR 318....
Reasonable cause to believe
Reasonable cause to believe, means if the secretary of state has reasonable cause for the belief in Defence (General) Regulations, 1939, Reg. 18B in the context point simply to the belief of the secretary of state founded on his view of there being reasonable cause for the belief which he entertains and not that there must be an external fact as to reasonable cause capable of being challenged in a court of law, Liversidge v. Anderson, 1942 All 206: (1941) 3 All ER 388 (HC)....
Special reason
Special reason, means yet another consequence would be that if any public servant succeeds in protracting the criminal proceedings to the stage of superannuation he can also claim the benefit of special reasons, if the High Court's reasoning is to be accepted. We find the High Court's approach not only erroneous but pernicious, and therefore, impermissible in law. Such a ground cannot by any stretch of imagination be treated as 'special reason', Jagjeevan Prasad v. State of Madhya Pradesh, (2000) 8 SCC 22: 2000 SCC (Cri) 1450....
Reasonable opportunity of being heard
Reasonable opportunity of being heard, the person concerned should be given a reasonable oppor-tunity of being heard before any order prejudicial to him is made in revision. If this reasonable opportunity of being heard cannot be given without the service of the notice the omission to serve the notice would be fatal; where however proper hearing can be given without service or notice, it does not matter at all, and all that has to be seen is whether even though on notice was given a reasonable opportunity of being heard was given, Fazal Bhai Dhala v. Custodian General, Evacuee Property, AIR 1961 SC 1397 (1399): (1962) 1 SCR 456. [Administration of Evacuee Property Act (31 of 1950), s. 26(1) Proviso 1]...
reasonable person
reasonable person : a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something (as the existence of negligence) [we have generally held that a reasonable person would not believe that he or she has been seized when an officer merely approaches that person in a public place and begins to ask questions "State v. Cripps, 533 N.W.2d 388 (1995)"] called also reasonable man ...
If for any reason
If for any reason, although the opening words used in s. 12(8) are 'if for any reason' and not 'if the sales tax authority has reason to believe', the difference in phraseology should not make such material difference. A reason cannot exist in vacuum, Sales Tax Officer v. Uttareswari Rice Mills, AIR 1972 SC 2617 (2620): (1973) 3 SCC 171: (1973) 2 SCR 310. [Orissa Sales Tax Act, 1947, s. 12(8)]...
Reasoner
One who reasons or argues as a fair reasoner a close reasoner a logical reasoner...
reasonable
reasonable 1 a : being in accordance with reason, fairness, duty, or prudence b : of an appropriate degree or kind c : supported or justified by fact or circumstance [a belief that force was necessary for self-defense] d : commercially reasonable 2 : applying reason or logic ;broadly : rational [a mind] rea·son·able·ness n rea·son·ably adv ...
Reasonable opportunity and reasonable
Reasonable opportunity and reasonable, would depend upon the fact situation, Transmission Corporation of A.P. Ltd. v. Shree Ramakrishna Rice Mill, (2006) 3 SCC 74....
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