Existing Officer - Law Dictionary Search Results
Home Dictionary Name: existing officer Page: 2Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Post and vacancy
Post and vacancy, the expressions 'posts' and 'vacancies', often used in the executive instructions providing for reservations, are rather problemat-ical. The word 'post' means an appointment, job, office or employment. A position to which a person is appointed. 'Vacancy' means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur, R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745 (751)....
establish
establish 1 : to institute (as a law) permanently by enactment or agreement [we the people of the United States…do ordain and this Constitution "U.S. Constitution preamble"] 2 : to make firm or stable 3 : to bring into existence : found [Congress shall have power…to post offices and post roads "U.S. Constitution art. I"] ;specif : to found (a national bank) pursuant to a charter 4 : to make (a church) a national or state institution see also establishment, establishment clause 5 : to put beyond doubt : prove 6 : to place in a position of being accepted or followed [a rule ed by case law] ...
ministerial
ministerial 1 : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office 2 : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to legal and esp. statutory mandate without exercise of personal judgment or discretion see also mandamus compare discretionary ...
If for any reason
If for any reason, although the opening words used in s. 12(8) are 'if for any reason' and not 'if the sales tax authority has reason to believe', the difference in phraseology should not make such material difference. A reason cannot exist in vacuum, Sales Tax Officer v. Uttareswari Rice Mills, AIR 1972 SC 2617 (2620): (1973) 3 SCC 171: (1973) 2 SCR 310. [Orissa Sales Tax Act, 1947, s. 12(8)]...
Payee
Payee, means person named in a negotiable instru-ment, to whom or to whose order the money is, by the instrument, directed to be paid, Negotiable Instruments Act, 1881, s. 7.One to whom a bill of exchange or promissory note or cheque is made payable; he must be named or otherwise indicated therein, with reasonable certainty. The bill, note, or cheque may be made payable to one or more payees jointly, or in the alternative to one of two or one or some of several payees, or to the holder of an office for the time being; but where the payee is a fictitious or non-existing person, it may be treated as payable to bearer, Bills of Exchange Act, 1882, s. 7; and see Bank of England v. Vagliano, 1891 AC 107.The person named in the instrument to whom or to whose order the money is by the instrument directed to be paid, is called the 'payee'. (Negotiable Instruments Act, 1881 (26 of 1881), s. 7)...
Supplementary grants
Supplementary grants, is an additional requirement of departments for a further grant to existing service or for meeting expenditure of new service, Office of the Speaker in the Parliaments of Commonwealth Wilding an Philip Laundry, p. 254....
Succession to this office
Succession to this office, the word 'succession' in relation to property and rights and interests in property generally implies 'passing of an interest from one person to another' vide in re Hindu Women's Right to Property Act, 1941). It is now well-established that the office of a hereditary trustee is in the nature of property. This is so whether the trustee has a beneficial interest of some sort or not. (See Ganesh Chander Dhur v. Lal Behari, AIR 1936 PC 318: 71 MLJ 740 and Bhabatatini v. Ashalata, AIR 1943 PC 89: 46 BLR 212) Ordinarily a Shebaitship or the office of Dharmakartha is vested in the heirs of the founder unless the founder has laid down a special scheme of succession or except when usage or custom to the contrary is provided to exist, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
Office under the State
Office under the State, to be an 'office' a position or place has to satisfy three tests: (i) it must be a subsisting, permanent and substantive position; (ii) it must exist independently of the incumbent who occupies it; and (iii) it must be a position of a more or less public character to which certain duties are attached, State of Uttar Pradesh v. Sri Bhola Nath Srivastava, AIR 1972 All 460....
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
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