His - Law Dictionary Search Results
Home Dictionary Name: hisIn discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
His business
His business, the meaning is to be determined by examining the object of the Act and the setting of the phrase 'his business'. The words 'for the purpose of continuing or starting his business in the section should be amplified to read as 'for the purpose of his own occupation by way of continuing or starting his business', D.N. Sanghavi v. Ambalal Tribhuvan Das, AIR 1974 SC 1026 (1030). [Madhya Pradesh Accommodation Control Act, (41 of 1961), s. 12(1)(f), 39(2)]...
Made his appearance
Made his appearance, the words 'made his appearance' cannot be truncated from the particular context in which that expression is used. It is a salutary principle in the sphere of interpretation of statutory clauses that words in a provision must not be understood merely by their ordinary meanings dehors the context in which such words are used. The words 'made his appearance' in s. 167(5) are used along with the preceding words which by themselves form into a composite collocation as thus: 'From the date on which the accused was arrested or made his appearance'. The purpose of the sub-s. (5) is to impose a time schedule for completion of investiga-tion and such time schedule is to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court', State of West Bengal v. Pranab Ranjan Roy, (1988) 3 SCC 209: AIR 1998 SC 1887 (1890). [Criminal Procedure Code, (20 of 1974), s. 167(5)]...
Voluntarily given up his membership
Voluntarily given up his membership, the words 'voluntarily given up his membership' are not synonymous with 'resignation' and have a wider connotation. A person may voluntarily give up his membership of a political party even though he has not tendered his resignation from the membership of that party. Even in the absence of a formal resignation from membership an inference can be drawn form the conduct of a member that he was voluntarily given up his membership of the political party to which he belongs, Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641: AIR 1994 SC 1558 (1565). [Constitution of India, Sch. 10, Para 2(1)(a)]...
At his own Cost, 'at its Cost'
At his own Cost, 'at its Cost', the words 'at his own cost' refer to the licensee, whereas in the case of his nominee being either an institution or a person, as the case may be, the words 'at its cost' have been used. The expression 'at his own cost' and 'at its cost' must be held to have separate and distinct meaning. They are not meant to aim at the same person, DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622 (636). [Haryana Development and Regulations of Urban Areas, 1975 (8 of 1975)]...
His income
His income, The words 'his income' in s. 139, sub-s. (1) of the Income Tax Act, 1961 must include every item of income which goes to make up his total income assessable under the Act. The amounts representing the shares of the spouse and minor child in the profits of the partnership firm would be part of 'his income' for the purpose of assessment to tax and would have to be shown in the return of income filed by him, Commissioner of Income Tax v. P.K. Kochammu Amma Peroke, AIR 1980 SC 2114: (1981) 1 SCC 241: (1981) 1 SCR 781. [Income-tax Act, 1961, s. 139(1)]...
To be at his own disposal
To be at his own disposal, means when a testator bequeaths certain property for charitable purpose and directs that the profits thereof may be retained by the executor for such objects and such purpose as he may, in his discretion, select and be at his own disposal. It means as if the said profits are to be as 'at his own disposal' for such purpose. There is no gift for the benefit of the executor in such cases, Chapman Hales v. A.G., (1922) 2 Ch 479....
Under his own hand
Under his own hand, the expression 'under his own hand' as used in sub-rule (3) (b) of Rule 15 does not mean in his own handwriting. What is inter alia required to be certified by the police officer is that the confession was taken in his presence and recorded by him, State of Tamil Nadu v. Sivarasan, (1997) 1 SCC 682 (693). [Terrorist and Disruptive Activities (Prevention) Rules, 1987, R. 15(3)(b)]...
Writing under his hand
Writing under his hand, a type written letter of resignation duly signed by the person tendering his resignation also means 'writing under his hand', Vice-chairman, Village Panchayat, Maranbeed v. Channabassappa B. Gaddi, AIR 1985 Kant 252 (256). [Karnataka Village Panchayats and Local Boards Act (10 of 1959), s. 31(2)]Means what the expression contemplates is a personal autograph of the person concerned and must mean what it says and it cannot be interpreted as written by some other person, M. Bali Fuli v. K.S. Mandali, AIR 1971 Guj 236: (1971) 12 Guj LR 861: ILR 1971 Guj 81....
Omnes licentiam habent his, qu' pro se introducta sunt, renunciare
Omnes licentiam habent his, qu' pro se introducta sunt, renunciare. Broom's Leg. Max, (Every one has a right to renounce those things which have been granted for his own benefit.) Similarly, Quilibet potest renunciare juri pro se introducto. 2 Inst. 183, (Every person may decline to take advantage of a law made for his own benefit.) See WAIVER....
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