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To which s. 54 does not apply

To which s. 54 does not apply, the Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement & Clearance) Act, 1956 and the Delhi (Tenants Temporary Protection) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956, all deal with premises and property and therefore the phrase 'to which s. 54 does not apply' is connected with the word 'premises'. The proviso did not apply and the matter had to be governed by the old Delhi and Ajmer Rent Control Act, 1952, which had been repealed, Jai Narain v. Kishanchand, AIR 1969 SC 1165: (1969) 1 SCC 724: (1969) 3 SCR 854....


Validly nominated

Validly nominated, the expression 'validly nomin-ated' occurring in sub-rule (5) of Rule 2 of Delhi Development Authority (Election of Represen-tation of Delhi Municipal Corporation) Rules 1958, implies that the Mayor may determine whether the requirements of clauses (2) and (3) are satisfied. The Mayor cannot obviously hold a detailed enquiry having regard to the terms of r. 3 of the Delhi Development Authority. Rules to ascertain whether the candidate is subject to any of the disqualification set out in that rule, Surat Singh v. Kishori Lal, (1969) 2 SCC 487: (1970) 2 SCR 59....


Seizure

Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...


Payable

Payable, 'payable' generally means that which should be paid, New Delhi Municipal Committee v. Kalu Ram, AIR 1976 SC 1637 (1639): (1976) 3 SCC 407: (1976) Supp SCR 87.The expression 'the full amount payable by the foreign buyer in respect of the goods' occurring in cl. (b) would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he has been agreed to pay and not any fanciful, unreal or inflated price which the exporter may choose to falsely incorporate in the invoice with any ulterior motives. The foreign buyer cannot, by any stretch of imagination, be held to be liable to pay any amount over and above the price which he has promised to pay for the goods received by him and any difference between that price and the price given in the invoice can therefore not have the attribute of having become 'payable' by him, Director, Enforcement Directorate, Ministry...


Rebate

Rebate, discount; reducing the interest of money in consideration of prompt payment or otherwise.A return of part of a payment, serving as a discount or reduction, Black's Law Dictionary, 7th Edn., p. 1273The word 'rebate' in s. 16(2) of the Income Tax Act, 1922 not only relates to rebate granted under the Indian Finance Act but is wide enough to include any rebate which may be granted by other statutory orders--The word 'rebate' is an apt word to use in respect of remission, Commissioner of Income Tax v. Anant Rao B.Kamat, AIR 1966 SC 279: (1964) 8 SCR 263. [Income Tax Act, 1922, s. 16(2)]Rebate, is an apt word to use in respect of a remission, Commissioner of Income Tax, Delhi and Rajasthan, New Delhi v. Anant Rao Kamat, AIR 1966 SC 279....


Registered Singh Sabha

Registered Singh Sabha, means a Singh Sabha registered as a society under the Societies Registration Act, 1860, (21 of 1860) which is managing or controlling a local Gurdwara in Delhi. [Delhi Sikh Gurdwaras Act, 1971 (82 of 1971), s. 2(k)]...


Sedition

Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...


Zone

Zone, 'zone' means a zone specified in the Second Schedule comprising the territories mentioned therein, S. Prakasha Rao v. Commissioner of Commercial Taxes, AIR 1990 SC 997: (1990) 2 SCC 259: (1990) 1 SCR 561.Means any one of the divisions in which Delhi may be divided for the purposes of development under this Act. [Delhi Development Act, 1957 (61 of 1957), s. 2(k)]1. An Area that is different or is distinguished from surrounding areas 2. An area in city or town that through zoning regulations, is under particular restrictions as to building size law use and the lime.-Black's Law Dictionary, 7th Edn., p. 1612....


Support

Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...


Tenant

Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...



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