Context - Law Dictionary Search Results
Home Dictionary Name: contextUnless the context otherwise requires
Unless the context otherwise requires, the said definition set out is to be applied and given effect to but this rule may be departed from if there be something in the context to show that the definition could not be applied, KV. Muthu v. Angamuthu Ammal, AIR 1997 SC 628: (1997) 2 SCC 53: (1997) 1 Supreme Today 13....
Continuity of service in the context of
Continuity of service in the context of, daily wager means the maintenance of the seniority of the workman amongst other daily wagers, State of Gujarat v. Thakore Hathaji Mohanji, 2006 (1) LLJ 998....
Next without a context in a deed or other writing
Next without a context in a deed or other writing, means, next after its execution, if the execution be shown to be a day different from its apparent date, Browne v. Burton, 17 LJQB 49....
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
Malik or milkiyat
Malik or milkiyat, See, Ram Kishorelal v. Kamalanarayan, AIR 1963 SC 890.Malik, a devise or donee described as a 'malik' has a full right of alienation unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Sartaj Koer v. Mahadeo Bux, 29 OC 153: 1926 Oudh 332.Malik, a proprietor, Indian.The testator used the word 'malik' to describe the absolute interest in the property. The word 'malik' which had a well-known connotation, when used in a Will described the position of the divisee as an owner possessed of full proprietary rights, including a full right of alienation, unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Pearey Lal v. Rameshwar Das, AIR 1963 SC 1703 (1706): (1963) Supp 2 SCR 834.The term 'malik' when used in a will or other document as descriptive of the position whic...
Vest
Vest, (1) Either to place in possession; to make possessor of; or, to give an absolute interest in property when a named period or event occurs. (2) (of a right or interest) Its coming into the possession of any one; enuring to the benefit of any one.The word 'vest' has not got a fixed connotation, meaning in all cases that the property is owned by the person or the authority in whom it vests. It may vest in title, or it may vest in possession, or it may vest in a limited sense, as indicated in the context in which it may have been used in a particular piece of legislation, Fruit and Vegetable Merchants Union v. Delhi Improvement Trust, AIR 1957 SC 344 (356): (1957) SCR 1. [U.P. Town Improvement Act (8 of 1819)]The property must not only be owned by the Corporation, it must also be in the occupation of the Corporation itself. It is in this sense that the words 'vesting' has been used. 'Vesting' often means 'vesting' in possession, Municipal Corpora-tion of Hyderabad v. P.N. Murthy, AIR...
Any
Any, the word 'any' has the following meaning:some; one of many; and indefinite number. One indiscriminately or whatever kind or quantity.Word 'any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute. It is often synonymous with 'either', 'every' or 'all'. Its generality may be restricted by the context;' (Black's Law Dictionary, 5th Edn.), Shri Balaganesna Metals v. M. N. Shanmugham Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T. N. Buildings (Lease and Rent Control) Act, 1960 (18 of 1960) s. 10(3)(c)]The word 'any' dictionary means 'one or same or all'. In Black's law Dictionary it is explained thus, 'word any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'same' or 'one' and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word 'any...
Dharma
Dharma, dharma embraces every type of righteous conduct covering every aspect of life essential for the sustenance and welfare of the individual and the society and includes those rules which guide and enable those who believe in God and heaven to attain moksha (eternal bliss). Rules of dharma are meant to regulate the individual conduct, in such a way as to restrict the rights, liberty, interest and desires of an, individual as regards all matters to the extent necessary in the interest of other individuals, i.e., the society and at the same time making it obligatory for the society to safeguard and protect the individual in all respects through its social and political institutions. Shortly put, dharma regulates the mutual obligations of individual and the society. Therefore, it was stressed that protection of dharma was in the interest of both the individual and the society, A 'state of dharma' was required to be always maintained for peaceful coexistence and prosperity of all.Thoug...
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