Changed Circumstances - Law Dictionary Search Results
Home Dictionary Name: changed circumstancesChanged Circumstances
Changed Circumstances, what the words ' 'changed circumstances' mean is the change in circumstances due to transfer of power in August 1947 and the coming into force of the Constitution in January 1950, and no more. Therefore when Art. 314 speaks of 'rights as similar thereto as changed circumstance may permit', it only means that a member of the former Secretary of State's Services would have rights similar to his pre-existing rights as the changed circumstances resulting from constitutional changes may allow, R.P. Kapur v. Union of India, AIR 1964 SC 787 (791): (1964) 5 SCR 431. [Constitution of India, Art. 314]...
Circumstances
Circumstances, The 'circumstances' contemplated by s. 489(1) (now s. 127 of Cr PC,1973) must include financial circumstances and in that view, the inquiry as to the change in the circumstances must extend to a change in the financial circumstances of the wife, Bhagwan Dutt v. Kamla Devi (1975) 2 SCR 483: (1975) 2 SCC 386: AIR 1975 SC 83 (86).Circumstances would ordinarily mean situations or events extraneous to the activities of a concerned person or a group of persons, such as riots, disorders, tensions, religious, racial, regional or linguistic or other such commotions, which might by their pre-existence accentuate the impact of such activities affecting the security of the country or a part of it or the public order, Sambhu Nath Sarkar v. State of West Bengal, (1973) 1 SCC 856: (1974) 1 SCR 1: AIR 1973 SC 1425 (1439).An accompanying or accessory fact, event or condition, such as a piece of evidence that indicates the probability of an event, Black's Law Dictionary, 7th Edn....
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Public policy, opposed to public policy
Public policy, opposed to public policy, from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public policy' are incapable of precise definition. Public policy, however, is not the policy of a particular government. It cannotes some matter which concern the public good and the public interest. The concept of what is for the public good or in the public interest or what would be injurious or harmful to the public good or the public interest has varied from time to time. As new concepts take the place of old, transactions which were once considered against public policy are now being upheld by the courts and similarly where there has been a well recognized head of public policy, the courts have not shirked from extending it to new transactions and changed circumstances and have at times not even flinched from inventing a new head of public policy. Practices which were considered perfectly normal at one time have today become obnoxio...
Otherwise than under normal circumstances
Otherwise than under normal circumstances, means death not being in the usual course but apparently under suspicious circumstances if not caused by burns or bodily injury, Shanti v. State of Haryana, 1991 (1) SCC 371.The terms 'normal circumstances' apparently means not the natural death. The expression 'other-wise than under normal circumstances' would mean the death not in usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2334): (2000) 3 SCC 207. (Indian Penal Code, s. 304B)Otherwise than under normal circumstances, would mean death not in the usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, (2000) 5 SCC 207....
mitigating circumstance
mitigating circumstance : a circumstance in the commission of an act that lessens the degree of criminal culpability [was convicted of manslaughter rather than murder because of mitigating circumstances] ;also : a circumstance or factor relating to an offense or defendant that does not bear on the question of culpability but that receives consideration by the court esp. in lessening the severity of a sentence [the mitigating circumstance of the defendant's terminal illness] compare aggravating circumstance ...
Suspicious circumstances
Suspicious circumstances, any and every circum-stances is not a 'suspicious' circumstances. A circumstance would be 'suspicious' when it is not normal or is not normally expected in normal situation or is not expected of a normal person, Indu Bala Bose v. Manindra Chandra Bose, AIR 1982 SC 133 (134): (1982) 1 SCR 1188: (1982) 1 SCC 20. (Succession Act, 1925, ss. 74, 63)Means any and every circumstance is not a 'suspicious' circumstance. A circumstance would be 'suspicious' when it is not normal or not normally expected in a normal situation or is not expected of a normal person, Indu Bala Bose v. Mahindra Chandra Bose, (1982) 1 SCC 20....
aggravating circumstance
aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
On the fact and in the circumstances of the case
On the fact and in the circumstances of the case, when the question referred to the High Court speaks of 'on the facts and in the circumstances of the case', it means on the facts and circumstances found by the Tribunal and not about the facts and circumstances that may be found by the High Court, Karnani Properties Ltd. v. Commissioner of Income Tax, AIR 1972 SC 2315: (1971) 3 SCC 568: (1972) 1 SCR 457....
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