Constitutional - Law Dictionary Search Results
Home Dictionary Name: constitutional Page: 2Subject to other provisions of the Constitution
Subject to other provisions of the Constitution, means that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution of India, the latter shall prevail to the extent of that inconsistency, South India Corporation Pvt. Ltd. v. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207. (See Constitution of India, Art. 372)Subject to other provisions of the Constitution, restrictions or impediments which directly and immediately impede or hamper the free flow of trade, commerce and intercourse fall within the prohibition imposed by Article 301 and subject to the other provisions of the Constitution they may be regarded as void, State of Madras v. N.K. Natarajan Mudaliar, AIR 1969 SC 147 (154). [Constitution of India, Art. 301]...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Clarendon, constitutions of, assize of
Clarendon, constitutions of, assize of. At a great council held at Clarendon, in Wiltshire, A.D. 1164, in the tenth year of the reign of Henry II., a code of laws was brought forward by the king, under the title of the ancient customs of the realm and known as the 'Constitutions of Clarendon'; and as Becket had solemnly promised he would observe what were really such, the king procured the principal propositions in dispute to be enacted, and declared by the council under that denomination. The main provisions of them were that clergy charged with crimes were to be tried in the civil courts, and that a justice of the king should be present in the king's courts; that no prelate was to quit the realm without the king's permission; that prelates were to be subject to feudal burdens; that the king was to hold all vacant benefices and receive their revenues till the vacancies were filled; and that goods forfeited to the Crown were not to be protected by sanctuary.As in the Constitutions of C...
constitute
constitute 1 : to appoint to an office or function [those who are constituted heirs or named legatees "Louisiana Civil Code"] [legal authority s all magistrates] 2 : establish found [to tribunals inferior to the supreme Court "U.S. Constitution art. I"] 3 a : to put (as an agreement) into required form b : to qualify as [a letter can a will "W. M. McGovern, Jr. et al."] [failure to act may negligence] c : to form the substance or whole of [the bonds constituted the entire estate] ...
Notwithstanding anything in the Constitution
Notwithstanding anything in the Constitution, the phrase 'notwithstanding anything in the Constitution' is equivalent to saying that in spite of the other articles of the Constitution, or that the other articles shall not be an impediment to the operation of Art. 278, South India Corporation (P) Ltd. v. Secretary, Board of Revenue, AIR 1964 SC 207 (215): (1964) 4 SCR 280....
Any act or omission which constitutes any offence under this Act
Any act or omission which constitutes any offence under this Act, the expression 'Any act or omission which constitutes any offence under this Act' in s. 56 of the Act, merely imports the idea that the same act or omission might constitute an offence under another law and could be tried under such other law or laws also, State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655 (665): AIR 1989 SC 1. [Wild Life (Protection) Act, 1972, s. 56]...
Constituted under an instrument of partnership
Constituted under an instrument of partnership, the words 'constituted under an instrument of partnership' include not only firms which have been created by an Instrument of Partnership but also those which may have been created by word of mouth but have been subsequently clothed in legal form by reducing the terms and conditions of the partnership to writing, R.C. Mitter v. C.I.T, AIR 1959 SC 868 (873): 1959 Supp (2) SCR 641. (Income-tax Act, 1922, s. 26A...
Constituted for
Constituted for, means the primary objective of the constitution. The primary objective of the appellant was certainly not to carry on educational activities, Makhija Construction and Engg Pvt. Ltd. v. Indore Development Authority, (2005) 6 SCC 304....
Commencement of the Constitution
Commencement of the Constitution, means November 26, 1949, Shanno Devi v. Mangal Sain, AIR 1961 SC 58: (1961) 1 SCR 576. [Constitution of India, Art. 6]...
Constitutionally
In accordance with the constitution or natural disposition of the mind or body naturally as he was constitutionally timid...
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