Having Regard To - Law Dictionary Search Results
Home Dictionary Name: having regard to Page: 5 Page 5 of about 178 results (0.005 seconds)Rashness
Rashness, Rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury. The criminality lies in such a case in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence on the other hand, is the gross and culpable neglect or failure of exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the impera-tive duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685 (687): 1972 3 SCC 18. (Indian Penal Code, s. 304A)...
Likely
Likely, means no more than 'may well', Dunning v. United Liverpool Hospital' Board of Governors, (1973) 1 WLR 586.Means 'a real prospect of success, Bonnard v. Perryman, (1891) 2 Ch 269.Likely, the world 'likely' in clause (b) of s. 299 conveys the sense of probable as distinguished from a mere possibility. The word 'bodily injury ........................ sufficient in the ordinary course of nature to cause death' mean that death will be the 'most probable' result of the injury, having regard to the ordinary course of nature, Ruli Ram v. State of Haryana, AIR 2002 SC 3360 (3364): (2002) 7 SCC 691. See also Abdul Waheed Khan v. State of Andhra Pradesh, (2002) 7 SCC 175: AIR 2002 SC 2961. (Penal Code, 1860, s. 300 thirdly and 299)See also Chako v. State of Kerala, AIR 2004 SC 2688: (2004) 12 SCC 269; State of Uttar Pradesh v. Virendra Prasad, (2004) 9 SCC 37....
Rashness and criminal negligence
Rashness and criminal negligence, criminal negli-gence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685: (1972) 3 SCC 18...
Raw material
Raw material, as commonly understood, is used in the process of manufacture. Printing machinery will certainly not come under the category of 'raw material', Re KI Kosalram, AIR 1968 Mad 113.Raw material, defined one of the valid tests could be that the ingredient should be so essential for the chemical process culminating in the emergence of the desired end product, that having regard to its importance in and indispensability for the process, it could be said that its very consumption on burning up is its quality and value as raw materials, Collector of Central Excise, New Delhi v. Ballarpur Industries Ltd., AIR 1990 SC 196.Raw material, is something from which another new or distinct commodity can be produced. When it is used in a taxing statute, it may have related meaning depending on the context in which it has been used, Tata Engineering & Locomotive Company Ltd. v. State of Bihar, (1996) 6 SCC 479.The expression 'raw-material' is not a defined term. The meaning to be given to it...
Relevancy and admissibility
Relevancy and admissibility, the expressions 'relevancy and admissibility' are used as synonyms but their legal implications are distinct and different for more often than not facts which are relevant may not be admissible, for example, communication made by spouses during marriage or between an Advocate and his client though relevant are not admissible; so also facts which are admissible may not be relevant, for example, questions permitted to be put in cross-examination to test the veracity or impeach the credit of witnesses, though not relevant are admissible. The probative value of the evidence is the weight to be given to it which has to be judged having regard to the facts and circumstances of each case, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC 517: AIR 1998 SC 1850 (1852). [Evidence Act, (10 of 1872), s. 3]...
Sittings
Sittings. By the Judicature Act, 1873, s. 26, the division of the legal year into terms is abolished, and sittings are substituted for it. See now (English) R.S.C. 1883, Ord. LXIII.The sittings of the Court of Appeal and High Court of Justice in London and Middlesex are four in every year, viz., the Michaelmas sittings, the Hilary sittings, the Easter sittings, and the Trinity sittings. The Michaelmas sittings commence on the day appointed by Order in Council (Long Vacation Order, 1935, 12th October; Long Vacation Order, 1936, 12th October), and terminate on the 21st of December; the Hilary sittings commence on the 11th of January and terminate on the Wednesday before Easter; the Easter sittings commence on the Tuesday after Easter week and terminate on the Friday before Whit-Sunday; and the Trinity sittings commence on the Tuesday after Whitsun-week and terminate on the 31st of July (R.S.C. 1883, Ord. LXIII).It is also provided by the (English) Judicature Act, 1925, s. 52 (replacing t...
Suitable
Suitable, has to be read in the context for which the enactment is made. Where the promotion is to be made for the post of stenographer, the stenographer must be efficient in shorthand writing and typing. The suitability must relate to this aspect, Virendra Kumar Misra v. State of Uttar Pradesh, (1995) All LJ 778.Suitable, the word 'suitability' itself is correlated with the object of recruitment, namely, that a person has to be considered suitable for appoint-ment to a superior service which itself furnished the norm that he is considered suitable having regard to his service in the State Forest Service. This in turn refers only to the past records of the service in the State as an officer of the State Forest Service. The Special Selection Board under Regulation 5(2)(a) has to adjudge the suitability of an officer from his service records which from the basis of the preparation of the list and the list to prepared after consideration of the records would reflect the overall assessment...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Validly nominated
Validly nominated, the expression 'validly nomin-ated' occurring in sub-rule (5) of Rule 2 of Delhi Development Authority (Election of Represen-tation of Delhi Municipal Corporation) Rules 1958, implies that the Mayor may determine whether the requirements of clauses (2) and (3) are satisfied. The Mayor cannot obviously hold a detailed enquiry having regard to the terms of r. 3 of the Delhi Development Authority. Rules to ascertain whether the candidate is subject to any of the disqualification set out in that rule, Surat Singh v. Kishori Lal, (1969) 2 SCC 487: (1970) 2 SCR 59....
Liquidator
Liquidator. A person appointed to conduct the winding-up of a company under the (English) Companies Act, 1929. Liquidators are of three kinds:--(1) Appointed by the court in a winding-up by the Court. pending appointment the Official Receiver in Bankruptcy is to act as Official Receiver and Liquidator in the winding-up (s. 185). By s. 186, in England, liquidators other than the Official Receiver must provide security to the satisfaction of the Board of Trade. His duties comprise the collection of the company's property, and this property or any part of it may vest in him on his application. He may bring or defend actions relating to that property in his own official name (s. 190). Powers which he may exercise subject to the sanction of the court or a Committee of Inspection are setout in s. 191(1); sub-s. (2) of that section gives a list of powers for which such sanction is not required. The duties of a liquidator are to collect, administer, and distribute the assets, having regard to ...
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