Establishment Clause - Law Dictionary Search Results
British India
Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and … of Part III of the Government of India Act, 1935, shall not include a reference to Berar. [General Clauses Act, 1897 (10 of 1897), s. 3 (5)]
Material facts
Procedure Code, 1908, O. 6, R. 2 & O. 7, R. 11(9). The expression 'material facts' used in clause (a) of s. 147 Income Tax Act, 1961 referred only to primary facts and the duty of the … which the plaintiff's cause of action or defendant's defence depends and which must be proved in order to establish the plaintiff's right to relief claimed in plaint or defendant's defence in written statement, Mayar (H.K.) Ltd. v.
Certify
Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)] The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the
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Appropriate government
the State Government. [Indian Electricity Act, 1910 (9 of 1910), s. 2 (a)] Means--(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947, is the Central Government, the … the Seventh Schedule to the Constitution: Provided that in relation to the State of Jammu and Kashmir, these clauses shall have effect subject to the modification that-(a) in sub-clause (i) thereof, or the words and figures 'List
Deprivation
its mere will. In U.K. the law means the law as declared by Parliament and the due process clause does not apply, Commentary of the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 81. … 1373, p. 780. In India, a person can be deprived of lis life and liberty according to procedure established by law, Constitution of India, Art. 21. In U.S.A. a person can be deprived of his life, property
Person
persons or a body of individuals, whether incorporated or not in India or outside India; (vi) any corporation established by or under any Central State or Provincial Act or a Government company as defined in s. 617 … of 1980), s. 2(d)] It includes the Government. [Patents Act, 1970 (31 of 1970), s. 2(1)(s)] The General Clauses Act, 1897 defines that 'person shall include any company or association or body of individuals whether incorporated or
Enacting formula
Enacting formula, is the section of a Bill or statute which establishes the whole document as a law, A Dictionary of Law, William C. Anderson, 1889, p. 24. Is a … 1956, p. 92 and H.M. Barclay, 3rd Edn., 1970. Is taken up for passing only when all the clauses and Schedules (including new clauses and new Schedules) have been disposed of, Rules of Procedure and Conduct of
Good faith
Narsi Ram, AIR 1983 SC 271 (274): (1983) 2 SCC 8: (1983) 2 SCR 233. In order to establish good faith and bona fide it has to be seen first the circumstances under which the letter was … (1970) 1 SCC 590. [Penal Code (45 of 1860), s. 499] According to the definition in the General Clauses Act means a thing which is in fact done honestly, whether it is done negligently or not. In
Without prejudice
arbitrator that a dispute raised or the claim made by the contractor was not covered by the arbitration clause, Tarapore and Co. v. Cochin Shipyard Ltd., AIR 1984 SC 1072 (1087): (1984) 2 SCC 680. (Arbitration Act, … estab-lished, and the letter, although written without prejudice, operates to alter the old State of things and to established new one', Chairman and MD N.T.P.C. Ltd. v. Rashmi Constructions, Builders and Contractors, AIR 2004 SC 1330: (2004)
Judgment
case were to be committed to a Court of Session, Rajender Kumar Jain v. State through Special Police Establishment, AIR 1980 SC 1510 (1514): (1980) 3 SCC 435: (1980) 3 SCR 982. It includes decree, order, sentence … the reasons given by the court for its decision. An order for transfer of a suit made under clause 13 of the Letters Patent of the Calcutta High Court is not a 'judgment' within the meaning of
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