Has Been - Law Dictionary Search Results
Home Dictionary Name: has been Page: 2Hire-purchase price
Hire-purchase price, means the total sum payable by the hirer under hire-purchase agreement in order to complete the purchase of, or the acquisition of property in, the goods to which the agreement relates; and includes any sum so payable by the hirer under the hire-purchase agreement by way of a deposit or other initial payment, or credited or to be credited to him under such agreement on account of any such deposit or payment, whether that sum is to be or has been paid to the owner or to any other person or is to be or has been discharged by payment of money or by transfer or delivery of goods or by any other means; but does not include any sum payable as a penalty or as compensation or damages for a breach of the agreement. [Hire-Purchase Act, 1972 (2 of 1972), s. 2 (d)]...
Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
Has been
Has been, whether the expression 'has been' occurring in a provision of a statute denotes transaction prior to the enactment of the statute in question or a transaction after the coming into force of the statute will depend upon the intention of the legislature to be gathered from the provision in which the said expression occurs or from the other provisions of the statute, Secretary Regional Trans-port Authority v. D.P. Sharma, AIR 1989 SC 509: (1989) Supp 1 SCC 407. [Karnataka Contract Carri-ages (Acquisition) Act, 1976, s. 3(g)]...
Where there has been a review
Where there has been a review, the words 'where there has been a review' in clause 2 of Article 182 must be read with the words 'for the execution of a decree or order' in the 1st column of Article and the fact that there was an appeal from the order dismissing the application under Order IX, rule 9 made in connection with the proceedings under s. 36 of the Money Lenders Act could not give a fresh starting point for limitation under Article 182, clause 2, Bhawanipore Banking Corporation Ltd. v. Gouri Shankar Sharma, AIR 1950 SC 6: (1950) SCR 25. (Limitation Act, 1908, Art. 182)...
No appeal has been preferred
No appeal has been preferred, the words 'no appeal has been preferred in Order 47, Rule 1(a) would also mean a situation where special leave is not granted. Till then there is no appeal in the eye of law before the Superior Court. The review can be preferred in the High Court before special leave is granted, but not after it is granted. Once special leave is granted the jurisdiction to consider the validity of the High Court's order vests in the Supreme Court and the High Court cannot entertain in review thereafter, unless such a review application was preferred in the High Court before special leave was granted, Kunhayamned v. State of Kerala, (2000) 6 SCC 359: AIR 2000 SC 2587 (2600). (Constitution of India, Article 226)...
Has been registered and possesses a registration certificate
Has been registered and possesses a registration certificate, The words 'has been registered and possesses a registration certificate' used in sub-s. (1) of s. 7 of the Punjab General Sales Tax Act, 1948 have to be construed in accord with the general tenor of the section as a whole, and in a manner which would avoid oppressive, unreasonable and anomalous results. Assessing Authority v.. Patiala Biscuits Manufacturers (P) Ltd., now Dalmia Biscuits (P) Ltd., AIR 1977 SC 1339: (1977) 2 SCC 389: (1977) 3 SCR 85...
Has been previously issued
Has been previously issued, The words 'has been previously made' do not merely connote the issuing of a notification before the Bihar Town Planning & Improvement Trust Act, 1951 was passed but include all notifications made prior or anterior to the first publication of a notice of an improvement scheme under s. 46 of the Land Acquisition Act, 1894, Patna Improvement Trust v. Lakshmi Devi, AIR 1963 SC 1077 (1080): (1963) Supp 2 SCR 812. [Bihar Town Planning and Improve-ment Trust Act, 1951 (35 of 1951), Sch. Cl. 2(1)]...
The result of the election has been materially affected
The result of the election has been materially affected, these words seems to us to indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes would have been distributed in such a manner between the contesting candidates as would have brought about the defeat of the returned candidate, Vashisht Narain Sharma v. Dev Chandra, AIR 1954 SC 513 (515). [Representation of the people Act, 1951, s. 100(1)(c)]...
Any case which has been decided
Any case which has been decided, means each decision which terminates a part of the controversy involving the question of jurisdiction. Where the court below adjudicates the question that suit has abated against one of the defendant only and it would proceed against remaining defendants, the order results in terminating a part of the controversy involving the question of jurisdiction. Hence the revision against such order is maintainable, S.S. Khanna v. F.J. Dhillon, AIR 1964 SC 497....
Excommunication
Excommunication, an ecclesiastical interdict or censure, divided into the greater and the lesser; by the greater a person was excluded from the communion of the church and the company of the faithful, and was rendered incapable of any legal act; by the lesser he was merely debarred from participation in the Sacraments.See No. 33 of the Thirty-nine Articles of Religion as to avoiding an excommunicated person 'until he be openly reconciled by penance, and received into the church by a judge that hath authority thereto'; Canon 112, to the effect that the minister and churchwardens shall yearly within 40 days after Easter exhibit to the Bishop or his Chancellor the names and surnames of all the parishioners, as well men as women, which being of the age of sixteen years received not the Communion at Easter before; and Jenkins v. Cook, (1876) 1 PD 80, in which the Judicial Committee of the Privy Council admonished a vicar to refrain from refusing to administer the Communion to a parishioner....
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