By Reason Of - Law Dictionary Search Results
Home Dictionary Name: by reason of Page: 3Termination for any reason whatsoever
Termination for any reason whatsoever, in s. 2(oo) the words 'Termination... for any reason whatso-ever' are the key words. Whatever the reason, every termination spells retrenchment. A termina-tion takes place where a term expires either by the active step of the master or the running out of the stipulated term, State Bank of India v. N. Sundara Money, AIR 1976 SC 1111: (1976) 1 SCC 822: (1976) 3 SCR 160....
Statement of objects and reasons
Statement of objects and reasons, in Indian Parliament, the Statement of Objects and Reasons is appended to every Bill briefly explaining the purpose of the proposed legislation, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 541.Statement of objects and reasons, is a statement that explains the contents and object is of a Bill non-technical language, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 541....
Special reasons
Special reasons, the words 'special reasons' in the context in which they are used could only means special to the accused on whom sentence is being imposed. 'Special reasons' in the context of sentencing process must be special to the accused in the case or special to the facts and the circumstances of the case in which the sentence is being awarded, Meet Singh v. State of Punjab, AIR 1980 SC 1141 (1143). [Prevention of Corruption Act (2 of 1947), s. 5(2) Proviso]...
Rules of reason
Rules of reason, the 'rule of reason' normally requires an ascertainment of the facts or features peculiar to the particular business; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable; the history of the restraint and the evil believed to exist, the reason for adopting the particular restraint and the purpose or end sought to be attained and it is only on a consideration of these factors that it can be decided whether a particular act, contract or agreement, imposing the restraint is unduly restrictive of competition so as to constitute 'restraint of trade', Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....
Reasons to believe
Reasons to believe, a belief can be said to be founded on reasonable grounds only if there is something tangible to go by on the basis of which it can be said that the applicant's apprehension that he may be arrested is genuine. But specific events and facts must be disclosed by the applicant in order to enable the court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the section, Shri Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632: (1980) 2 SCC 565: (1980) 3 SCR 383....
Reasonableness of classification
Reasonableness of classification, it is clear that Article 14 does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of attaining specific ends. What is necessary in order to pass the test of permissible classification under Article 14 is that the classification must not be 'arbitrary, artificial or evasive' but must be based on some real and substantial distinction bearing a just and reason-able relation to the object sought to be achieved by the legislature, R.K. Garg v. Union of India, AIR 1981 SC 2138: (1981) 4 SCC 676: (1982) 1 SCR 947....
Reasonableness of expectation
Reasonableness of expectation, the concept of 'reasonableness of expectation' of rent which must take the penal law of the State into account. It is not the expectation of a landlord who takes the risk of prosecution and punishment which the violation of the law involves, but the expectation of the landlord who is prudent enough to abide by the law that serves as the standard of reasonableness for purposes of rating, New Delhi Municipal Committee v. M.N. Soi, AIR 1977 SC 302: (1976) 4 SCC 535: (1977) 1 SCR 731....
Reasonable hypothesis
Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond reasonable doubt. If those circumstances or some of them can be explained by any other reasonable hypothesis then the accused must have the benefit of that hypothesis. But in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities, Awadhi Yadav v. State of Bihar, AIR 1971 SC 69 (70): (1971) 3 SCC 116....
Reasonable
Having the faculty of reason endued with reason rational as a reasonable being...
Reason to suspect
Reason to suspect, the expression 'reason to suspect the commission of an offence' would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the First Information Report as well in the Annexures, if any, enclosed and any attending circumstances which may, not amount to proof. In other words, the meaning of the expression 'reason to suspect' has to be governed and dictated by the facts and circumstances of each case and at that stage the question of adequate proof of facts alleged in the first information report does not arise, State of Haryana v. Bhajan Lal, AIR 1992 SC 604 (618): 1992 Supp (1) SCC 335. [Criminal Procedure Code, 1973 s. 157(i)]...
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