Directly Attributable To - Law Dictionary Search Results
Home Dictionary Name: directly attributable toDirectly attributable to
Directly attributable to, if the delay in the completion of disciplinary proceedings is directly attributable to the conduct of such workman, B.D. Shetty v. Ceat Ltd., (2002) 1 SCC 193....
Payment
Payment, is the act of paying, K.S. Bawa v. Director of Enforcement, (1990) Cr LJ 1068.The payment of money before the day appointed is in law payment at the day; for it cannot, in presumption of law, be any prejudice to him to whom the payment is made to have his money before the time; and it appears by the party's receipt of it, that it is for his own advantage to receive it then, otherwise he would not do it, 5 Rep. 117. See the notes to Cumber v. Wane, (1719) in 1 Smith's L.C.Payment is a recompense for service rendered, Bala Subrahmanya Rajaram v. B.C. Patil, AIR 1958 SC 518 (519): (1958) SCR 1504.(ii) 'Payment' implies gift of money by someone to another. A partition in a H.U.F. can be considered either as 'disposition' or 'conveyance' or 'assign-ment' or 'settlement' or 'delivery' or 'payment' or 'alienation' within the meaning of those words in s. 2 (xxiv) of Gift Tax Act, 1958; Commissioner of Gift Tax v. N.S. Getty Chettiar, AIR 1971 SC 2410: (1972) 1 SCR 736: (1971) 2 SCC 74...
Attributable to
Attributable to, the expression 'attributable to' is certainly wider in import than the expression 'derived from', Cambay Electric Supply Industrial Co v. CIT, AIR (1978) SC 1099 (1105): (1978) 2 SCC 644. [Income-tax Act, (43 of 1961) s. 80E]Words 'attributable to' have a wider meaning than the words 'derived from'. But at the same time it cannot be ignored that normally the word 'attributable' implies that' for a result to be attributable to anything it must be wholly, or in material part, caused by that thing', India Leather Corpn (P) Ltd v. CIT, (1997) 10 SCC 115 (118). [Income-tax Act, 1981, s. 104 (4) Expln.]...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
attribution
attribution : a rule in tax law that in certain cases deems property owned by one person or business entity to be owned by another or others ...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Summons
Summons [fr. the writ called summoneas--Pegge's Anecd. Of the Eng. Lang., 2nd Edn. 173], a call of authority, admonition to appear in court, a citation.1. To commence Action in High Court, By R.S.C. Ord. II., r. 1(see Annual Practice):-Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, and which shall specify the Division of the High Court to which it is intended that the action should be assigned.See also SUMMARY JUDGMENT.2. To Judges' or Masters' Chambers.--The means by which one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change the venue, etc. There is an appeal from the decision of a master to the judge, and from the judge's decision to the Court of Appeal.3. To Court of Summary Juri...
Directive principles of State Policy
Directive principles of State Policy, some of the important directive principles require the State to strive to secure for its citizen legal justice and free legal aid, Constitution of India, Art. 39(A).A law giving effect to any of the Directive Principles shall not be void on the ground that it is inconsistent with or takes away or abridges only of the rights conferred by Article 14 or Article 19 of the Constitution, Constitution of India, Art. 3(C).is the constitutional directions and principles fundamental in the governance of the country, Constitution of India, Art. 37.Broadly classified under three categories (i) economic ideals which State should strive to attain, (ii) directions to the legislatures and executive regarding their exercise of powers, and (iii) certain rights of the citizens which the State has to secure by its legislative and administrative policy, Commentary of the Constitution of India, Durga Das Basu, Vol. 11, p. 303.It is the duty of the State to apply these p...
Directly
Directly, The word 'directly', according to Webster's New World Dictionary, means 'in a direct way, without a person or thing coming between'; 'immediately as directly responsible', The use of the expression 'directly' in the context of the word 'worked', followed by the words 'by him' unmistakably shows that the Legislative intent was to allow only those intermediaries to retain land comprised nor appertaining to a mine, as lessees under the State, who immediately before the date of vesting, were working the mine under their immediate control, management and supervision. Thus construed, the phrase 'being directly worked by him' in the s. will not take in a case where the mine was being worked through a lessee or licensee to whom the right to conduct mining operations and to take away the mineral had been granted by the intermediary in consideration of receiving a periodic rent, royalty or a like amount, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co. (1979) 3 SCC 106: AIR 1...
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