Explanation - Law Dictionary Search Results
Home Dictionary Name: explanationExplanation
Explanation, an 'explanation' merely widens the scope of the main s. and is not meant to carve out a particular exception to the contents of the main s., Sonia Bhatia v. State of Uttar Pradesh, AIR 1981 SC 1274 (1282).In British Parliament a member is allowed to make personal explanation with the prior permission of the speaker in respect of his conduct or alleged misrepresentation in debate. The member has to intimate speaker what he proposes to say by way of personal explanation. General arguments or debate is not permissible. Personal explanation is allowed on the premise that member makes it in goodfaith, abuse of this right by a member constitutes grave contempt of Parliament, the office of the Speaker in the Parliaments of Common-wealth Wilding and Philip Laundy, p. 560.Is a mutual defining of terms to clear up a misunderstanding or settle a dispute, Webster American Dictionary, p. 408.In a Parliament, a statement made by a member explaining his conduct in regard to a particular ...
Explanation
The act of explaining expounding or interpreting the act of clearing from obscurity and making intelligible as the explanation of a passage in Scripture or of a contract or treaty...
Dealer, auction
Dealer, auction, a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them, Auctions (Bidding Agreements) Act, 1927, s. 1(2) (UK), Halsbury's Laws of England (2), para 944, p. 461.means a person carrying on the business of selling fertilisers, whether wholesale or retail (or industrial use), and includes a manufacturer and a pool-handling agency carrying on such business and the agents of such person, manufacturer or pool-handling agency, State of Punjab v. Gunomajra Cooperative Agriculture Service Society Ltd., (2000) 9 SCC 210.There is nothing either in the main definition in s. 2(5) or in the Explanation of the Orissa Taxation (on Goods Carried by Road and Inland Water ways) Act, 1959 to suggest that the manager or agent of the dealer (principal) should have his own business within the State of Orissa before he could be proceeded against or assessed under the Act. It would be sufficient if the manager...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Negotiable instruments
Negotiable instruments, those the right of action upon which is, by exception from the common rule, freely assignable from one to another, such as bills of exchange and promissory notes. Any person acquiring a negotiable instrument for value and in good faith can enforce the contract contained in it against the person liable on it, although the person from whom he has obtained it had no title. See also CHOSE.Promissory notes were made negotiable by 3 & 4 Anne, c. 9. and 7 Anne, c. 25, and placed in all respects upon the same footing with inland bills of exchange. [s. 13(1), Negotiable Instrument Act]The (English) Bills of Exchange Act, 1882, contains the law as to negotiation of bills of exchange, promissory notes, and cheques. S. 31 declares that these instruments are negotiated when they are transferred from one person to another in such a manner as to constitute the transferee the holder of them, and s. 32 enumerates the conditions under which an indorsement may operate as a negotia...
Patent and proprietary medicines
Patent and proprietary medicines, a 'patent medicine' means medicine in respect of which a patent is in force, 'proprietary' means of a proprietor, that is, holding proprietary rights. Patent means a grant of some privilege, property, or authority made by the government or sovereign of a country to one or more individuals. A proprietor is one who has the legal right or exclusive title to anything. On a comparison of the earlier Explanation and the substituted Explanation earlier, Patent and proprietary meant a drug. In the substituted explanation, it means any medicinal preparation, Aphali Pharmaceuticals Ltd. v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 378: (1989) Supp 1 SCR 129....
Resale within the State
Resale within the State, the expression 'resale within the State' in Form No. ST 17 must be read in the light of Explanation II to s. 2(o) of the State Act as it is a recognised canon of construction that an expression used in a rule, by law or form issued in exercise of power conferred by a statue must, unless there is anything repugnant in the subject or context have the same meaning as is assigned to it under the statue. Explanation II enacts as to when a sale shall be deemed to be a sale within the State by incorporating in it by reference the provisions of s. 4(2) of the Central Sales Tax Act, Onkarlal Nandlal v. State of Rajasthan, AIR 1986 SC 2146: (1985) 4 SCC 404: (1985) Supp 3 SCR 1075....
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
Similarly apportioned
Similarly apportioned, the words 'similarly apportioned' which occur in the explanation mean apportioned 'with reference to the amounts of profits and gains attributable to the two parts of the company's business'. Thus, the explanation first refers to an apportionment or splitting up and then provides that the dividends and taxes shall be similarly apportioned, that is to say, similarly split up. Accordingly, the words 'similarly apportioned' convey a definite meaning and are not ambiguous. 'Similarly apportioned' means simply 'similarly split up', CIT v. T.V. Sundaram Iyenger and Sons (P) Ltd., AIR 1976 SC 255 (260): (1976) 1 SCC 77: (1975) Supp SCR 93. (Income Tax Act, 1922 s. 23A, Expl. 2)...
Shall not be excluded
Shall not be excluded, if will not enough to say that the meaning of the word 'shall not be excluded' in the Explanation have to play an appropriate role in the setting and context of the expression 'shall be excluded' used in all the preceding clauses in s. 12. It is only preserving the words intact in the Explanation, its correct intent has to be ascertained, Udayan Chinubhai v. R.C. Bali, AIR 1977 SC 2319: (1977) 4 SCC 309: (1978) 1 SCR 547....
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