Express Colour - Law Dictionary Search Results
Home Dictionary Name: express colourExpress colour
Express colour, in pleading. an evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the (English) Common Law Procedure Act, 1852 (15 & 16 Vict. c. 76), s. 64....
Colour
Colour, a term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule, that pleadings in confession and avoidance should give colour, was that they should confess the matter adversely alleged, to such an extent, atleast, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter colour was either express, i.e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading, Steph. Plead. 233. Express colour was abolished by (English) C.L.P. Act, 1852, s. 64....
Under the colour of duty
Under the colour of duty, the expression 'under colour of something' or 'under colour of duty', or 'under colour of office', is not infrequently used in law as well as in common parlance. Whether or not when the act bears the true colour of the office or duty or right, the act may be said to be done under colour of that right, office or duty, it is clear that when the colour is assumed as a cover or a cloak for something which cannot properly be done in performance of the duty or in exercise of the right or office, the act is said to be done under colour of the office or duty or right, Virupaxappa Veerappa Kadampur v. State of Mysore, AIR 1963 SC 849 (852): (1963) 2 Supp SCR 6; see also Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323. [Bombay Police Act, 1951 (22 of 1951), s. 161(1)]...
Acquisition
Acquisition, 'acquisition' means, directly or indirectly, acquiring or agreeing to acquire-(i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise. [Competition Act, 2002 (12 of 2003), s. 2(a)]'Acquisition', with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift. [Arms Act, 1959 (54 of 1959), s. 2(a)]The office of one functionary is brought to an end another functionary has come into existence in its place. Such a process cannot be said to constitute the acquisition of the extinguished office or the vesting of the rights in the person holding that office, Bira Kishore Deb v. State of Orissa, AIR 1964 SC 1501 (1508): (1964) 7 SCR 32. [Constitution of India, Art. 31(2), 19(1) (f)]Means taking not by voluntary agreement but by authority of an Act of Parliament and by virtue of the compulsory powers thereby conferred. In case of acquisition the property is taken by t...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Colourable
Colourable, 'Colour', according to Black's Legal Dictionary, is 'an appearance, semblance or simulacrum, as distinguished from that which is real.... a deceptive appearance.... a lack of reality'. A thing is colourable which is, in appearance only and not in reality, what it purports to be. In Indian terms, it is maya. In the jurisprudence of power, colourable exercise of or fraud on legislative power or, more frightfully, fraud on the Constitution, are expressions which merely mean that the legislature is incompetent to enact a particular law although the label of competency is stuck on it, and then it is colourable legislation, R.S. Joshi v. Ajit Mills Limited (1977) 4 SCC 98: (1978) 1 SCR 338: AIR 1977 SC 2279 (2286). (Constitution of India, Art. 246)...
Religious denomination
Religious denomination, different sects and sub-sects of the Hindu Religion having a common faith and a common spiritual organisation come under the definition of denomination, Shirur Math v. Commission of Endowment, (1952) 1 MLJ 557.Religious denomination, enjoys certain rights per-taining to the establishment, management etc., of its own religion and charitable institutions, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 2, p. 159.Religious denomination, in India, subject to public order, morality and health, every religious denomination or any section thereof enjoys the fundamental right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law, Constitution of India, Art. 26.Religious denomination, is a religious sect or body having a common faith and organization and designated by a...
Water supply and sanitary fittings
Water supply and sanitary fittings, the expression 'sanitary fittings' has received judicial interpreta-tion by the Supreme Court in State of Uttar Pradesh v. Indian Hume Pipe Ltd., [39 STC 355: (1977) 2 SCC 724: 1977 SCC (Tax) 335], where it has been laid down that 'sanitary fittings' according to the popular sense of the term mean such pipes or materials as are used in lavatories, urinals or bathrooms of private houses or public buildings. The use of the word 'fittings' suggests that the expression is intended to refer to articles or things which are fitted or fixed to the floor or walls of a building and they may in a given case include even articles or materials fitted or fixed outside, provided they can be considered as attached or auxiliary to the building or part of it such as, for example, a pipe carrying faecal matter from the commode to the septic tank, but they cannot include pipes laid underground for carrying water supply. Moreover, the words 'water supply... fittings' do ...
Electric lighting fittings
Electric lighting fittings, the expression 'electric lighting fittings' is normally understood in context with the household. The dippers and switches manufactured for use in cars are not understood either in the trade circle or in common parlance as electric lighting fittings. The words 'switches, plugs and sockets' have been widened by use of the expression 'all kinds', but the words used have to take colour from the genesis of the entry, that is, electric lighting fittings. Since the main or the principal entry deals with electric lighting fittings in the households, the switches and dippers manufactured by the respondent for exclusive use in motor vehicles cannot be said to be covered in the aforesaid entry, Union of India v. J.M.A. Industries, (1995) 3 SCC 389. [Central Excise and Salt Act, 1944, Items 61 (as introduced in 1981), 34A (as amended in 1979) and 68]...
Last resided
Last resided, the cognate expression 'last resided' takes colour from the word 'resides' used earlier in the sub-section. The same meaning should be given to the word 'resides' and the word 'resided', that is to say, if the word 'resides' includes temporary residence, the expression 'last resided' means the place where the person had his last temporary residence, Jagir Kaur v. Jaswant Singh, (1964) 2 SCR 73: AIR 1963 SC 1521 (1524). [Criminal Procedure Code, 1898, s. 488 (8)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial