Existence - Law Dictionary Search Results
Home Dictionary Name: existenceExisting law
Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution o...
Existence
The state of existing or being actual possession of being continuance in being as the existence of body and of soul in union the separate existence of the soul immortal existence...
Existing industrial undertaking
Existing industrial undertaking, means--In the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, andIn the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment. [Industries (Development and Regulation) Act, 1951, s. 3 (bb) (a) (b)]...
In supersession of all existing orders on the subject
In supersession of all existing orders on the subject, 'in supersession of all existing rules and orders on the subject' can only refer to those matters in the existing rules which correspond to the matters dealt with by the 1950 Rules, Om Prakash Shukla v. Akhilesh Kumar Shukla, AIR 1986 SC 1043: 1986 Supp SCC 285: (1986) 1 SCR 855....
Existent
Having being or existence existing being occurring now taking place...
existing
having existence or being or actuality as much of the beluga caviar existing in the world is found in the Soviet Union and Iran Opposite of nonexistent...
Self existence
Inherent existence existence possessed by virtue of a beings own nature and independent of any other being or cause an attribute peculiar to God...
Self existent
Existing of or by himself independent of any other being or cause as God is the only self existent being...
Existence or extent of a legal right
Existence or extent of a legal right, Ordinarily and generally, in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order to succeed in the suit. As against the claim of the plaintiff, if the legal right of the defendant is established, the suit is bound to fail. But on failure of either to establish his own legal right, the suit will still fail because the plaintiff cannot succeed unless he establishes his legal right. This proposition of law is so clear and axiomatic that the expression - 'the existence or extent of a legal right' - used in art. 131 undoubtedly is meant to bring about this result, State of Karnataka v. Union of India, (1977) 4 SCC 608: AIR 1978 SC 68: (1978) 2 SCR 1....
Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
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