Consider - Law Dictionary Search Results
Home Dictionary Name: considerConsider
Consider, The word 'consider' merely connotes that there should be active application of the mind by the disciplinary authority after considering the entire circumstances of the case in order to decide the nature and extent of the penalty to be imposed on the delinquent employee on his conviction on a criminal charge. This matter can be objectively determined only if the delinquent employee is heard and is given a chance to satisfy the authority regarding the final orders that may be passed by the said authority. In other words, the term 'consider' postulates consideration of all the aspects, the pros and cons of the matter after hearing the aggrieved person, Divisional Personnel Officer v. T.R. Challappan, (1976) 3 SCC 190: AIR 1975 SC 2216 (2224): (1976) 1 SCR 783. [Railway Servants (D&A) Rules, 1968, R. 14(1)]...
Direction to consider the case
Direction to consider the case, in case where High Court merely directs the authority to 'consider' the matter without recording any finding or without expressing any view, the authority has to consider the matter in accordance with law and in facts and circumstance of case as its power not being circumscribed by any observations or finding of court; A.P.S.R.T.C. v. G. Srinivas Reddy, AIR 2006 SC 1465 (Constitution of India, Art. 226)....
Considers it necessary
Considers it necessary, The words 'considers it necessary' postulate that the authority concerned has thought over the matter deliberately and with care and it has been found necessary as a result of such thinking to pass the order, Barium Chemicals Ltd. v. Sh. A.J. Rana, (1972) 1 SCC 240: AIR 1972 SC 591 (595): (1972) 2 SCR 752. [Foreign Exchange Regulation Act, (1947), s. 19(2)]...
Self considering
Considering in ones own mind deliberating...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Discharge
Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the...
Entertain
Entertain, means 'file or received by the High Court' and it has no reference to the actual hearing of the application for leave to appeal; otherwise the result would be that in many cases applications for leave to appeal would be barred because the applications have not been put up for hearing before the High Court within 60 days of the order of acquittal, Lala Ram v. Hari Ram, (1969) 3 SCC 173: AIR 1970 SC 1093: (1970) 2 SCR 898.The expression 'entertain' in proviso to cl. (b) of Or. 21, r. 90,Civil Procedure Code,1908 means 'adjudicate upon' or 'proceed to consider on merits' and not 'initiation of proceeding', Hindusthan Commercial Bank Ltd. v. Punnu Sahu (1971) 3 SCC 124: AIR 1970 SC 1384. [Civil Procedure Code, 1908 (As amended by Allahabad High Court) O. 21, R. 90]Means shall not admit to consideration, Nanu Vasudevan v. Kalikarthiayaniamma, AIR 1991 Ker 233.Meaning 'institute' , Martin & Harris Ltd. v. VIth Additional Distt. Judge, (1998) 1 SCC 732.Means 'to adjudicate upon' or...
Money land
Money land. In equity, land articled or devised to be sold, and turned into money, is considered as money, and money articled or bequeathed to be invested in land, has, inequity, many of the qualities of real estate, and is descendible and devisable as such according to the rules of inheritance in other cases, and this upon the ground that equity regards substance and not form, and will further the intention of parties.By s. 75(5), (English) Settled Land Act, 1925, replacing Settled Land Act, 1882, s. 26 (5), capital money arising under that Act while remaining uninvested or unapplied and investments hereof are for all purposes of disposition, transmission and devolution to be treated as land and shall be held for and go to the same persons successively in the same manner and for and on the same estates, interests and trusts as the land wherefrom the money arises would, if not disposed of, have been held and have gone under the settlement, and see s. 78 (ibid.), as to personal estate s...
Purchaser
Purchaser, a buyer, a vendee; also the root of descent, from whom, under the (English) Inheritance Act, 1833, the descent was in every case to be traced, before 1926, and now, as to a limitation to the heir taking effect as purchaser (see previous title, and (English) L.P. Act, 1925, s. 132).The statute enacts that in every case descent shall be traced from the purchaser; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land (which expression extends to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof (s. 1)), is, for the purposes of the Act, to be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom be inherited the same shall be considered to have been the purchaser, unless it shall be p...
Representation
Representation, by public bodies, associations or individuals ventilating individual grievances are considered by Petitions Committee of Lok Sabha. Representations in the form of letters, telegrams, copies of resolutions are treated as representation and considered by the Petitions Committee, representations relating to the proceedings in the House or conduct of member are also considered by Petitions Committee Practice and Procedures of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964.Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235.Representation, means a statement regarding a fact, A Dictionary of Law, Willium C. Anderson, 1889, p. 882.Representation, standing in the place of another for certain purposes, as heirs, executors, or administrators. See EXECUTOR; ADMINISTRATOR; PERSONAL REPRESENTATIVE; REAL REPRESENTATIVE.A presentation of fact-either by words or...
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