Have Regard To - Law Dictionary Search Results
Home Dictionary Name: have regard toHaving regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Have regard to
Have regard to, means that the factors specifically enumerated shall be taken into account while performing the exercise which in this case is the fixation of uniform tariffs, Hindustan Zine Ltd. v. Andhra Pradesh State Electricity Board, AIR 1991 SC 1473 (1484): (1991) 3 SCC 299.The expression 'have regard to' only obliges the Government to consider as relevant data material to which it must have regard, Saraswati Industrial Syndicate Ltd. v. Union of India, AIR 1975 SC 460: (1974) 2 SCC 630: (1975) 1 SCR 956....
Shall have regard to the provisions of this Act
Shall have regard to the provisions of this Act, words 'shall have regard to the provisions of this Act' merely mean that 'where the new Act has slightly modified or clarified the previous provisions, these modifications and clarifications should be applied', Karam Singh Sobti v. Pratap Chand, AIR 1964 SC 1305: (1964) 4 SCR 647.The expression 'shall have regard to the provisions of this Act' merely means that where the new Act had slightly modified or classified the previous provisions these modifications and clarifications should be applied. These words did not take away what was provided by sub-s. (2) of s. 57 and ordinarily the old Act would apply to pending proceedings, S. Kartar Singh v. Chamanlal, AIR 1969 SC 1288: (1969) 1 SCC 760: (1970) 1 SCR 9....
Shall have regard to
Shall have regard to, the expression 'shall have regard to' had been subject to judicial inter-pretation in Ryots of Garabandho and Other Villages v. Zamindar of Parlakimedi, AIR 1943 PC 164: 210 IC 239: (1943) 2 MLJ 254. It only means 'take into consideration', Southern Pharmaceuticals and Chemi-cals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519....
Having regard to the provision of this Act
Having regard to the provision of this Act, the expression 'having regard to the provisions of this Act' occurring in sub-s. (3) of s. 15 of the Delhi Rent Control Act, 1958 means 'having regard to ss 9 and 12 and relevant provisions of the Act', M.M. Chawla v. J.S. Sethi, (1970) 1 SCC 14: (1970) 2 SCR 390....
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
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