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Act done under colour of office

Act done under colour of office, an act is not done under colour of an office merely because the point of time at which it is done coincides with the point of time the accused is invested with the powers or duty of the office. To be able to say that an act was done under the colour of an office one must discover a reasonable connection between the act alleged and the duty or authority imposed on the accused by the Bombay Police Act or other statutory enactment. Unless there is a reasonable connection between the act complained of and the powers and duties of the office, it is difficult to say that the act was done by the accused officer under the colour of his office, State of Maharashtra v. Narhar Rao, AIR 1966 SC 1783 (1785): (1966) 3 SCR 880. See also AIR 1963 SC 849. [Indian Penal Code, 1860, s. 161(1)]...


Act purporting to be done in official capacity

Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...


Things done or omitted to be done

Things done or omitted to be done, the phrase 'things done or omitted to be done' should be interpreted very narrowly and so interpreted settlements were not deemed to be wiped off. The effect, therefore, is that no payment could be demanded under them during the emergency, but, as soon as the emergency was over, the Settlements would revive and what could not be demanded during the emergency would become payable even for the period of emergency for which payment was suspended, Madan Mohan Pathak v. Union of India, AIR 1978 SC 803 (812): (1978) 2 SCC 50: (1978) 3 SCR 344....


Things done

Things done, is comprehensive enough to take in not only the things done, but also the effect onthe legal consequences flowing therefrom, Hasan Balak v. S.M. Limai, Assistant Charity Commissioner, Nagpur, AIR 1967 SC 1742: 1967 MP LJ 118: 1967 Jab LJ 526: AIR 1967 SC 1742: 1966 (68) Bom LR 133.The words 'things done' in paragraph 6 of the Order are comprehensive enough to take in a trans-action effected before the merger, though some of its legal effects and consequences projected into the post-merger period, Universal Imports Agency v. Chief Controller of Imports and Exports, AIR 1961 SC 41 (47): (1961) 1 SCR 305. [French Establishments (Application of Laws) Order (1954) Para 6](ii) The words 'things done' in paragraph 6 of S.R.O. 3315 were comprehensive so as to include a contract effected before November 1, 1954, through its legal effect and consequence projected into the post-transfer period and the goods were imported only after November 1, 1954, French India Importing Corporation...


Donee

Donee [fr. dono, Lat.], one to whom a gift is made.Donee, the person recipient of the authority, termed the donee, Halsbury's Laws of England 1(2), para 46, p. 39.The person conferring the authority is termed the donor of the Power, Halsbury's Laws of England 1(2), para 46, p. 39....


Purporting to be done

Purporting to be done, connotes that the act was such as could ordinarily be done by the person in the ordinary course of his official duty, and the person doing it reasonably considered himself to be doing it, within his capacity as such, Shyam Manohar v. Fourth Additional District and Sessions Judge, AIR 1978 All 238.Purporting to be done, under the Act will not include an act which is wholly outside the provisions of the Act and thus, ultra vires, Municipal Committee v. Meghraj, AIR 1966 MP 104....


Purporting or professing to be done

Purporting or professing to be done, means an expression 'purporting or professing to be done' in s. 142, Calcutta Port Act, cannot be interpreted to exclude acts, which are either improper or even male fide. Even if in the discharge of the statutory duties, any loss of goods occurs, whether by a mala fide act on the part of someone or other serving under the administration or otherwise that by itself would not take the case out of the provisions of the section, Basanta Lal v. Commissioner for the Port of Calcutta, 1951 Cal 466....


Things done, action taken and right accrued

Things done, action taken and right accrued, what is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere 'hope or expectation of'. It must be mentioned that the object of s. 31(2)(i) is to preserve only the things done and action taken under the repealed Ordinance, and not the rights and privileges acquired and accrued on the one side, and the corresponding obligation or liability incurred on the other side, so that if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980) 1 SCR 684...


donee

donee : one that receives or is granted something (as a gift or power) ...


donee beneficiary

donee beneficiary see beneficiary ...


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