Contrary - Law Dictionary Search Results
Home Dictionary Name: contrarySpecific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Contrary to law and not according to law
Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]...
Contrary to natural justice
Contrary to natural justice, The expression 'contrary to natural justice' has figured so prominently in judicial statements that it is essential to fix its exact scope and meaning. When applied to foreign judgments, it merely relates to the alleged irregularities in procedure adopted by the adjudicating court and has nothing to do with the merits of the case. If the proceedings be in accordance with the practice of the foreign court but that practice is not in accordance with natural justice. This Court will not allow it to be concluded by them. In other words, the courts are vigilant to see that the defendant had not been deprived of an opportunity to present his side of the case, Sankaran Govindan v. Lakshmi Bharthi, (1975) 3 SCC 351: AIR 1974 SC 1764: (1975) 1 SCR 57....
Unless and until the contrary is proved
Unless and until the contrary is proved, significance and effect of presumption under parties in contract themselves providing a sum to be paid by the party breaking the contract-Whether this provision removes the presumption under-Whether after removal of his presumption bar under s. 21 oper-ates. (ii) The fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself, remove the strong presumption contemplated by the use of the words 'unless and until the contrary is proved'. The sufficiency or insufficiency of any evidence to remove such a presumption is a matter of evidence, M.L. Devender Singh v. Syed Khaja, AIR 1973 SC 2457: (1973) 2 SCC 515: (1974) 1 SCR 312....
Unless the contrary is proved
Unless the contrary is proved, the words 'unless the contrary is proved' mean that the presumption raised by s. 4 has to be rebutted by proof and not by bare explanation which may be merely plausible. The required proof need not be such as is expected for sustaining a criminal conviction: it need only establish a high degree of probability, State of Assam v. Krishna Rao, AIR 1973 SC 28 (37): (1973) 3 SCC 227: (1973) 2 SCR 239. [Prevention of Corruption Act (2 of 1947), s. 4]...
Contrariant
Contrary opposed antagonistic inconsistent contradictory...
Contrariness
state or quality of being contrary opposition inconsistency contrariety perverseness obstinacy...
Contrary
Opposite in an opposite direction in opposition adverse as contrary winds...
Contrarients
Contrarients, used temp. Edw. 2, to signify those who were opposed to the king, though it was not thought fit, in respect of their great power, to call them rebels or traitors, Jac. Law Dict....
Interpretation Act, 1889 (English)
Interpretation Act, 1889 (English) (52 & 53 Vict. c. 63). A most important statute, repealing and re-enacting Lord Brougham's Act of 1850 (13 Vict. c. 21), 'for shortening the language used in Acts of Parliament' and other similar Acts, and further shortening such language. By this Act, in Acts passed after 1850, words importing the masculine gender include females, words in the singular include the plural, and words in the plural include the singular; also, definitions are provided of 'month,' 'land,' 'parish' (see those titles), and other terms.The Act also provides that:-In this Act and in every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Act shall be binding on the Crown (s. 30).Statutory powers to make rules, etc., may be exercised from time to ti...
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