Hard And Fast - Law Dictionary Search Results
Home Dictionary Name: hard and fasthard and fast
invariable firmly established as hard and fast regulations...
Discretion
Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...
Means and includes
Means and includes, The definition which consists of two separate parts which specify what the expression means and also what it includes is obviously meant to be exhaustive. As Lord Watson observed in Dilworth v. Commissioner of Stamps, 1899 AC 99. The word 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, Mahalakshmi Oil Mills v. State of Andhra Pradesh, AIR 1989 SC 335: (1989) 1 SCC 164: (1988) Supp 2 SCR 1088.(ii) A particular expression is often defined by the Legislature by using the word 'means' or the word 'includes'. Sometimes the words 'means and includes' are used. The use of the word 'means' indicates that 'definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition'. The word 'includes' when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according...
Fast-day
Fast-day, a day of mortification by religious ab-stinence. See a list of Church of England Fast-days in the Prayer-book Calendar Scheduled to the (English) Calendar (New Style) Act, 1750 (24 Geo. 3, c. 23), and see also the still unrepealed 5 & 6 Edw. 6, c. 3 (printed in the second revised edition of the statutes published by authority in 1888), by which the eves of Christmas Day and other holy days are 'commanded to be fasted,' and arch-bishops, bishops and others are authorized to inquire of every person offending in the premises, and to punish offenders by the censures of the Church, and to enjoin them such penance as shall be to the spiritual judge by his discretion thought meet and convenient. 2 & 3 Edw. 6, c. 19, however, providing for abstinence from flesh in Lent or on Fridays or Saturdays, which was expressly saved by s. 4 of this Act, has been repealed by 19 & 20 Vict. c. 64, with many other disused Acts.Fast-days may also be appointed on special occasions by royal proclamati...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Means
Means, the word 'means' used in O. XXXIII, R. 1, Civil Procedure Code, covers all realisable assets within the applicant's reach, Tej Dat Singh v. Yuvraj Datt, 1947 AWR (CC) 275: 1947 OA (CC) 275. (See Civil Procedure Code, 1908)Means, When a statute says that a word or phrase shall 'mean' not merely that is shall include certain things or acts, the definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition, Punjab Land Develop and Reclamation Corpn. Ltd. v. Presiding Officer Labour Court, (1990) 3 SCC 682: (1990) 3 SCR 111....
Soon before
Soon before, the expression 'soon before' is a relative term which requires to be construed in the context of specific circumstances of each case and no hard-and-fast rule of any universal application can be laid down by fixing any time-limit, Vidhya Devi v. State of Haryana, (2004) 9 SCC 476 (480). [Indian Penal Code, s. 304B; Evidence Act, 1872, s. 113B]Soon before, is a relative term which is required to be considered under specific circumstances of each case and no straight-jacket formula can be laid down by fixing any time-limit. This expression is pregnant with the idea of proximity test. The term 'soon before' is not synonymous with the term 'immediately before' and is opposite of the expression 'soon after' as used and understood in s. 114, Illustration (a) of the Evidence Act. These words would imply that the interval should not be too long between the time of making the statement and the death, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2332): (2000) 5 SCC 207. [Penal Cod...
Fastermans, or fasting-men
Fastermans, or fasting-men [homines habentes, Lat.], menin repute and substance; pledges, sureties, or bondsmen, who, according to the Saxon policy, were fast bound to answer for each other's peaceable behaviour....
Hard labour
Hard labour, a punishment said to have been intro-duced by 5 Anne, c. 6. By the (English) Criminal Justice Administration Act, 1914, s. 16(1), 'where a person convicted by or before any Court of an offence is sentenced to imprisonment without the option of a fine, the imprisonment may, in the discretion of the court, be either with or without hard labour, notwithstanding that the offence is an offence at common law, or that the statute under which the sentence is passed does not authorize the imposition of hard labour or requires the imposi-tion of hard labour.' Imprisonment for default in payment of a fine is always without hard labour....
fast flying
moving or functioning quickly and energetically as a fast flying messenger...
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