Express Provision - Law Dictionary Search Results
Provide
necessary implication. The necessary implication of a provision has the same effect and relevance in law as an express provision has, unless the relevance of what is necessarily implied is excluded by the use of clear words, Needle
Mutatis mutandis
to names, offices, and the like, Houseman v. Waterhouse. In Bouvier's Law Dictionary (3rd Revision, Vol. II), the expression, 'mutatis mutandis' is defined as 'The necessary changes. This is a phrase of frequent practical occurrence, meaning that … Mutatis mutandis, implies applicability of any provision with necessary changes in points of detail, Prahlad Sharma v. State of U.P., (2004) 4 SCC 113. Mutatis
Infant
Settlement, (1909) 2 Ch 260]. By the Judicature Act, 1925, s. 44, it is provided that, subject to express provisions of any other Act, in questions relating to the custody and education of infants, the rules of … excluded from the distribution of the residuary estate of an intestate but the statutory powers of advancement and provisions relating to maintenance and accumula-tion of income are to apply, and infants may be permitted to use personal
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Doctrine of basic structure
Constitution), what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to … what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to be
Material alteration
by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise
Newspaper
to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)] [s. 81, Indian … the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)] The essential pre-requisite of a periodical work containing public news
Tax admitted
Tax admitted, the expression 'tax admitted' in the proviso to s. 9(1) of the U.P. Sales Tax Act, 1948 means that admitted … whatever his stand might have been before the assessing authority. Ordinarily no interpretation should be placed on a provision which would have the effect of making the provision either otios or a dead letter. Further, to find
Having regard to the provision of this Act
Matched in: Term Having regard to the provision of this Act
Any cheque and other liability
s. 138 of the Negotiable Instruments Act, 1881 phrases 'Any cheque' and 'other liability' are the two key expressions which stand as clarifying the legislative intent so as to bring the factual context within the ambit of … stand as clarifying the legislative intent so as to bring the factual context within the ambit of the provisions of the statute. Any contra-interpretation would defeat the intent of the legislature. The expressions leave no manner of
Export
or different Special Economic Zones, Special Economic Zones Act, 2005, sec. 2(m). With the grammatical variations and cognate expression, means taking out of India of a place outside India, Cigarettes and Other Tobacco Products (Prohibition of Advertisement … and cog-nate expressions, means: (i) the taking out of India to a place outside India any goods, (ii) provision of services from India to any person outside India. [Foreign Exchange Management Act, 1989 (42 of 1999), s.
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Express Provision - Law Dictionary Search Results
Provide
necessary implication. The necessary implication of a provision has the same effect and relevance in law as an express provision has, unless the relevance of what is necessarily implied is excluded by the use of clear words, Needle
Mutatis mutandis
to names, offices, and the like, Houseman v. Waterhouse. In Bouvier's Law Dictionary (3rd Revision, Vol. II), the expression, 'mutatis mutandis' is defined as 'The necessary changes. This is a phrase of frequent practical occurrence, meaning that … Mutatis mutandis, implies applicability of any provision with necessary changes in points of detail, Prahlad Sharma v. State of U.P., (2004) 4 SCC 113. Mutatis
Infant
Settlement, (1909) 2 Ch 260]. By the Judicature Act, 1925, s. 44, it is provided that, subject to express provisions of any other Act, in questions relating to the custody and education of infants, the rules of … excluded from the distribution of the residuary estate of an intestate but the statutory powers of advancement and provisions relating to maintenance and accumula-tion of income are to apply, and infants may be permitted to use personal
Keep your definitions linked to case research
Doctrine of basic structure
Constitution), what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to … what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to be
Material alteration
by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise
Newspaper
to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)] [s. 81, Indian … the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)] The essential pre-requisite of a periodical work containing public news
Tax admitted
Tax admitted, the expression 'tax admitted' in the proviso to s. 9(1) of the U.P. Sales Tax Act, 1948 means that admitted … whatever his stand might have been before the assessing authority. Ordinarily no interpretation should be placed on a provision which would have the effect of making the provision either otios or a dead letter. Further, to find
Having regard to the provision of this Act
Matched in: Term Having regard to the provision of this Act
Any cheque and other liability
s. 138 of the Negotiable Instruments Act, 1881 phrases 'Any cheque' and 'other liability' are the two key expressions which stand as clarifying the legislative intent so as to bring the factual context within the ambit of … stand as clarifying the legislative intent so as to bring the factual context within the ambit of the provisions of the statute. Any contra-interpretation would defeat the intent of the legislature. The expressions leave no manner of
Export
or different Special Economic Zones, Special Economic Zones Act, 2005, sec. 2(m). With the grammatical variations and cognate expression, means taking out of India of a place outside India, Cigarettes and Other Tobacco Products (Prohibition of Advertisement … and cog-nate expressions, means: (i) the taking out of India to a place outside India any goods, (ii) provision of services from India to any person outside India. [Foreign Exchange Management Act, 1989 (42 of 1999), s.
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