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Home Dictionary Name: da Page: 6Major port
Major port, means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 213. [Constitution of India, Art. 364(2)(a)]The President is empowered to exclude, restrict or modify the laws made by Parliament or a State Legislature or the existing laws in their application to major ports, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 203, Constitution of India, Art. 364....
Begar
Begar, It is a word of Indian origin which like many other words has found its way in the English vocabulary. It is very difficult to formulate a precise definition of the word 'begar', but there can be no doubt that it is a form of forced labour under which a person is compelled to work without receiving any remuneration. Molesworth describes 'begar' as 'labour or service extracted by a govern-ment or person in power without giving remuneration for it'. Wilson's Glossary of Judicial and Revenue Terms gives the following meaning of the word 'begar': 'a forced labourer. One pressed to carry burthens for individuals or the public. Under the old system, when pressed for public service, no pay was given. The begari, through still liable to be pressed for public objects, now receives pay. Forced labour for private service is prohibited.' 'Begar' may therefore be loosely described as labour or service which a person is forced to give without receiving any remuneration for it. That was the me...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Deprivation
Deprivation, taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross immorality, and the like, or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for neglecting to read the liturgy and articles in the church, and to declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England; or for continued neglect, after order of the bishop, followed by sequestration, to reside on the benefice; and see as to deprivation for immorality, etc., the (English) Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32), s. 6(1)(b), and Oxford ...
Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
Entrustment
Entrustment, means 'the transfer of possession of goods to a merchant who deals in goods of that type and who may in turn transfer the goods and all rights to them to a purchaser in the ordinary course of business' (Black's Law Dictionary), see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.The expression 'entrustment' carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Entrustment is not necessarily a term of law. It may have different implications in different contexts. In its most general significance, all its imports is handing over the possession for some purpose which may not imply the conferment of any propriety right therein. The ownership or beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of s...
Equal protection
Equal protection, the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. In other words, there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of persons and it cannot be held to be unconstitutional if it is not discriminatory in its character, Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41: (1950) SCR 869.In pursuance of Directive Principle which imposes duty on the State to promote with special care the educational an economic interests of weaker sections of the country, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7.The State can make special provisions for certain categories like women children, socially ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Judiciary
Judiciary, is the part of Government whose work is the administration of justice, Webster American Dictionary, p. 792.Is the body of officers, who administer the law, A Dictionary of Law, Willium C. Anderson, 1889, p. 579.Is independent of the executive in England, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199.The Constitution of India makes the Indian Judiciary separate from and independent of the Executive as in England; this is achieved by providing for (i) immunity from outside influence, (ii) security of tenure, (iii) favourable conditions of service; (iv) oath of Office, (v) the judicial decision binding on the executive, and (vi) the power to punish for its own contempt, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199....
Quic quid plantatur (or fixature) solo, solo cedit
Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm ...
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