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Home Dictionary Name: h m s Page: 3State Government
State Government, has the same meaning as in the West Bengal Panchayat Act, 1973 (West Ben. Act 41 of 1973). [West Bengal Panchayat Elections Act, 2003, s. 2(25)]State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution. [Private Security Agencies (Regulation) Act, 2005, s. 2(i)]State Government, in relation to a Union territory, means the Administrator thereof. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(o)]State Government, is headed by the Governor who exercises the executive powers of the State. [Constitution of India, Art. 154(1)]State Government, its executive powers extend to the matters on which the State Legislature is em-powered to make laws, Constitution of India, Art. 162.Means a State Government of the State in which a Special Economic Zone is established or proposed to be established. [Special Economic Zones Act, 2005, s. 2(zb)]Me...
Material facts
Material facts, are concerned, this court has held that they should be fully set out in the election petition and if any fact is not set out, the petitioner cannot be permitted to adduce the evidence relating thereto later; nor will be permitted to amend the petition after expiry of the period of limitation prescribed for an election petition, H.D. Revanna v. G. Puttaswamy Gawda, (1999) 2 SCC 217.Material facts, are facts upon which the plaintiff's cause of action or defendant's defence depends and which must be proved in order to establish the plaintiff's right to relief claimed in plaint or defendant's defence in written statement, Mayar (H.K.) Ltd. v. Owner & Parties Vessel M.V. Forture Express, 2006 AIR (SC) 1828: (2006) 3 SCC 100: (2006) 2 JT 48: (2006) 2 SCALE 30: (2006) 1 Supreme 677: (2006) 2 SLT 612: (2006) 3 SCJD 291: (2006) 3 SRJ 229, Civil Procedure Code, 1908, O. 6, R. 2 & O. 7, R. 11(9).The expression 'material facts' used in clause (a) of s. 147 Income Tax Act, 1961 refe...
Bissextile
Leap year every fourth year in which a day is added to the month of February on account of the excess of the tropical year 365 d 5 h 48 m 46 s above 365 days But one day added every four years is equivalent to six hours each year which is 11 m 14 s more than the excess of the real year Hence it is necessary to suppress the bissextile day at the end of every century which is not divisible by 400 while it is retained at the end of those which are divisible by 400...
Turnover
Turnover, in laws dealing with Sales Tax, 'turnover' includes tax in calculating the total turnover, there is nothing wrong in treating the tax as part of the turnover, because, 'turnover' means the amount of money which is turned over in the business, George Oakes (P) Ltd. v. State of Madras, AIR 1962 SC 1352.Turnover is defined to mean: 'the aggregate amount for which goods are bought or sold or supplied or distributed by a dealer either directly or through another on his own account or on account of others whether for cash or for deferred payment or for other valuable consideration, Joint Commercial Tax Officer v. Young Men's Association (Regd.), AIR 1970 SC 1212 (1215): (1970) 1 SCC 462: (1970) 3 SCR 680.Turnover means an aggregate amount for which goods are either bought by or sold by a dealer, whether for a cash or for deferred payment or other valuable consideration, State of Andhra Pradesh v. H. Abdul Bakhi and Brothers, AIR 1965 SC 531 (532): (1964) 7 SCR 664. [Hyderabad Gener...
Without breaking bulk
Without breaking bulk, 'without breaking bulk' is not an expression defined in the Act or the rules. It has, therefore, to construed in its literal and ordinary sense to the extent possible, and construed as it is, in our opinion, transferring the product from the drums by breaking seal of the drums to bottles, cannot be said to be 'without breaking bulk, H.M.M. Ltd. v. Administrator, AIR 1990 SC 47 (51): (1989) 4 SCC 640: (1989) Supp 1 SCR 353. [City of Bangalore Municipal Corporation Act, 1969, s. 98(2)]...
Consent
Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...
exempt
exempt : free or released from some obligation or duty to which others are subject : not subject or liable [certain properties are declared to be and cannot be taken by a person's creditors "J. H. Williamson"] vt : to release or exclude from some liability (as in taxation), obligation, or duty to which others are subject [s the income of a spendthrift trust "W. M. McGovern, Jr. et al."] ...
Personal luggage
Personal luggage, personal luggage has been de-fined as whatever a passenger takes with him for his personal use or convenience, either with reference to his immediate necessities or for his personal needs at the end of his journey, State of Maharashtra v. M.H. George, AIR 1965 SC 722 (744): (1965) 1 Cr LJ 641. [FERA, 1947, s. 8(1)]...
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
H'retico comburendo, De
H'retico comburendo, De, an ancient common law writ against a heretic, who having been convicted of heresy by the bishop, abjured it, and afterwards fell into the same again, or some other, and was thereupon delivered over to the secular power in order that he might be burnt to death.-See Fitz. N.B. 269; Lely's Church of England Position, 179; 2 Hen. 4, c. 15; 1 & 2 P. & M. c. 6; 31 Hen. 8, c. 14. By 1 Eliz. c. 1, s. 6, all statutes relating to heresy were repealed, though somehow two men were burnt in her reign and two under James I. by 29 Car. 2, c. 9, s. 1, the writ de h'retico comburendo was abolished, but with a saving for the jurisdiction of Protestant archbishops or bishops or any other judges of any ecclesiastical courts to punish, according to his Majesty's ecclesiastical laws, 'atheism, blasphemy, heresy, or schism and other damnable doctrines and opinions by excommunication, deprivation, degradation, and other ecclesiastical censures not extending to death'in such sort and n...
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