Having Regard To - Law Dictionary Search Results
Home Dictionary Name: having regard to Page: 4Character and antecedents
Character and antecedents, facts which become known to justices when they inquire into the circumstances of a case before deciding to proceed summarily may not be taken into consideration when they come to decide whether to commit for sentence, but where they have failed to make a proper inquiry before deciding to proceed summarily, they may have regard to facts relating to character and antecedents which have emerged subsequently, R.V. King's, Lynn, JJ., Carter Ex parte, (1969) 1 QB 488....
Presumption of fact
Presumption of fact, is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when s. 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case, State of West Bengal v. Mir Mohd. Omar, (2000) 8 SCC 382 (392). (Evidence Act, 1872, s. 114)...
Public interest
Public interest, means an act beneficial to the general public. It means action necessarily taken for public purpose, Babu Ram Verma v. State of Uttar Pradesh, (1971) All LJ 653: (1971) Serv LR 649: (1971) 2 Lab LJ 235: (1971) Lab IC 1162 (All).Means of concern or advantage to people as a whole, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Means retention of honest and efficient employees and weeding of inefficient and dishonest, Indira Saxena v. Municipal Council, 1995 Jab LJ 28.Means those interests which concern the public at large, Law Lexicon, 2nd Edn., Reprint 2000, at p. 1557). See also T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Refers to cases where the interests of public adminis-tration require the retirement of a government servant who with the passage of years has pre-maturely ceased to possess the standard of efficiency, competence and utility called for by the government service to which he belongs. No stigmas or implication of misbehav...
Local needs
Local needs, it may be difficult to give a restrictive meaning to the expression 'local needs' i.e. keeping the same confined to the area where the educational institution is sought to be established in as much as the right of minority extends to the entire State and, thus, the local needs may also have direct nexus having regard to the needs of the State, Islamic Academy of Education v. State of Karnataka, AIR 2003 SC 3724: (2003) 6 SCC 697 (770)....
Misbehaviour
Misbehaviour, Word 'misbehaviour' used in cl. 2 of Inquiries Act is not vague; it would certainly mean a lapse from proper standard of conduct in discharge of functions as a government servant. Every dishonest act of government servant amounts to 'misbehaviour', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 204. (Inquires Act, Cl. 2)The word 'misbehaviour' is a vague and elastic word and embraces within its sweep different facets of conducts as opposed to good conduct. Literally, it means wrong conduct or improper conduct. It has to by construed with reference to the subject-matter and the context wherein the term occurs having regard to the scope of the Act or the statute under consideration. In the context of disciplinary proceedings against a solicitor, the word misconduct was construed as professional misconduct extending to conduct 'which shows him to be unworthy member of the legal profession', C. Ravichandra Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC ...
Nominativus pendens
Nominativus pendens, a nominative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of a deed inter partes [This deed, etc., down to whereas], though an intelligible and convenient part of the deed, having regard to the predicate 'witnesseth' or 'now this deed witnesseth,' Are of this kind....
Percent
Percent, having regard to the context, the word parents mean male parent not mother, Wilson Reade v. C.S. Booth, AIR 1958 Ass 128....
Poor Prisoners, Defence of
Poor Prisoners, Defence of. The (English) Poor Prisoners Defence Act, 1930 (20 & 21 Geo. 5, c. 32), repealing the Poor Prisoners' Defence Act, 1903, entitles any person to free legal aid in the preparation and conduct of his defence at the trial and to have solicitor and counsel assigned to him for that purpose, if a certificate, called the 'defence certificate,' is granted by the justices committing him for trial or of the judge or chairman of the court before which he is to be tried, at any time after reading the depositions. The certificate is grantable only 'when it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, and must be granted in respect of any person committeed for trial on a charge of murder, and may be granted when a person committed for trial upon any other charge, if it appears to the authority, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up) t...
Premium and rent
Premium and rent, when the interest of the lessor is parted with for a price paid is premium or salami. But the periodical payments made for the continuous enjoyment of the benefits under the lease are in the nature of rent. The former is a capital income and the latter a revenue receipt. There may be circumstances where the parties may camouflage the real nature of the transaction by using clever phraseology. In some cases, the so-called premium is in fact advance rent and in others rent is deferred price. It is not the form but the substance of the transaction that matters. The nomenclature used may not be decisive or con-clusive but it helps the Court, having regard to the other circumstances, to ascertain the intention of the parties, CIT v. Panbori Tea Co. Ltd., AIR 1965 SC 1871 (1873): (1965) 3 SCR 811. [T.P. Act, 1882, s. 105]...
Psychiatrist
Psychiatrist, means a medical practitioner possessing a post-graduate degree or diploma in psychiatry, recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who, having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act. [Mental Health Act, 1987 (14 of 1987), s. 2 (r)]...
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