Experience - Law Dictionary Search Results
Home Dictionary Name: experience Page: 4 Page 4 of about 128 results (0.002 seconds)Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Martyria
Martyria, a figure of rhetoric, by which the speaker brings his own experience in proof of what he advances....
Railway and Canal Commission
Railway and Canal Commission, a body established by the Railway and Canal Traffic Act, 1888, to supersede the Railway Commissioners, who had been appointed under the (English) Regulation of Railways Act, 1873 (36 & 37 Vict. c. 48), with all the jurisdiction conferred by s. 3 of the (English) Railway and Canal Traffic Act, 1854 (see infra), on the several courts and judges empowered to hear and determine complaints under that Act, and exercise their jurisdiction with enlarged powers, and consisting of two appointed (one to be of experience in railway business) and three ex-officio commissioners: one for England, one for Scotland, and one for Ireland, bring each of them a judge of a superior Court in England, Scotland, or Ireland respectively, and not required to attend out of the part of the United Kingdom for which he is appointed. The ex-officio Commissioner presides at the sittings, and his opinion upon any question of law prevails. As to appeal to 'superior Court of Appeal,' see ss....
Were continuing as such
Were continuing as such, the expression 'were continuing' is significant. This is in consonance with the object of the Act to ensure continuity of experience and service as one of the factors for regularising the appointment of the temporary lecturers, Dr. Sushma Sharma v. State of Rajasthan, AIR 1985 SC 1367: (1985) 3 SCC 243: (1985) Supp SCR 45....
Terrorism
Terrorism, as ordinarily understood, means the act of terrorising, Muralidhar Sarangi v. New India Assurance Co. Ltd., (2000) 3 SCC 466.It may be possible to describe 'terrorism' as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole. There may be death, injury, or destruction of property or even deprivation of individual liberty in the process but the extent and reach of the intended terrorist activity travels beyond the effect of an ordinary crime capable of being punished under the ordinary penal law of the land and its main objective is to overawe the Government to disturb harmony of the society or 'terrorise' people and the society and not only those directly assaulted, with a view to disturb even tempo, peace and tranquillity of the society an create a sense of fear and insecurity. A 'terrorist' activity does not mere...
Technical services
Technical services, includes 'professional services' as well, Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The expression 'technical services' has a very broad connotation and it has been elsewhere in the statute also so widely as to comprehend professional services: vide s. 9(1)(vii), referred to earlier. But we need not digress on this aspect for two reason. Firstly, whatever may be the position regarding other 44 professional services', there can hardly be any doubt that services involving specialised knowledge, experience and skill in the field of constructional operations are 'technical services', Continental Construction Ltd. v. C.I.T., 1992 Supp (2) SCC 567: AIR 1992 SC 803 (825). [Income Tax Act, 1961, s. 80-89(1)(vii) Expln. 2]...
Rules of procedure
Rules of procedure, in British Parliament, the greater part of the rules are unwritten, to be collected from the journals or reports of debates, or to be ascertained from personal experience; the written part constitutes a very small portion of the corpus of rules, this consists of standing order. Standing Orders can be amended, repealed or suspended, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 485.Rules of procedure, rules which regulate procedure, debate and the conduct of members in a legislature, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 723....
Registered medical practitioner
Registered medical practitioner, means a medical practitioner who possesses any medical qualifica-tion as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register. [Code of Criminal Procedure, 1973 (2 of 1974), s. 53 Expln. (b), see also Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005), s. 8]Means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of s. 2 of the Indian Medical Council Act, 1956, whose name has been entered in a State Medical Register and who has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act. [Medical Termination of Pregnancy Act, 1971 (34 of 1971), s. 2(d)]Means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of s. 2 of the Indian Medical Council Act, 1956, and who is enrolled on a State Medical Register as ...
Rajya Sabha
Rajya Sabha, is not a subject of dissolution; but one-third of its members retire on the expiration of every second year. [Constitution of India, Art. 83(1)]Rajya Sabha, is the Council of States; the upper House or second chamber of Parliament of India. Constitution of India, Art. 79.Means the legislative council of a state while the state legislative assembly is generally known as Rajya Vidhan Sabha. But in the absence of any authoritative translation of the expression 'State legislative assembly' in Gujarati, the Supreme Court is not guided by the popular rendering of the expression, Virjiram Sutaria v. N.P. Bhavadia, AIR 1970 SC 765: (1969) 1 SCC 77.Members nominated to Rajya Sabha consist of persons having special knowledge or practical experience in literature, science, art and social service. Constitution of India, Art. 80.The representatives of the Union Territories are elected by an electoral college, Representation of Peoples' Act, 1951, section 27A; Constitution of India, Art...
Psychiatrist
Psychiatrist, means a medical practitioner possessing a post-graduate degree or diploma in psychiatry, recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who, having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act. [Mental Health Act, 1987 (14 of 1987), s. 2 (r)]...
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