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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....


In his name and let out by him

In his name and let out by him, clearly convey the idea that the premises must be owned by him directly and the lease must be under him directly, which is the case where he, as heir, steps into his father's shoes who owned the building in his own name and let it out himself, Kanta Goel v. B.P. Pathak, AIR 1977 SC 1599 (1601): (1977) 2 SCC 814. [Delhi Rent Control Act, 1958, s. 14A(1) Proviso]...


His own occupation

His own occupation, the expression 'his own occu-pation' as occurring in sub-clause (i) of clause (a) of sub-section (3) is not to be assigned a narrow meaning. It has to be read liberally and given a practical meaning 'His own occupation' does not mean occupation by the landlord alone and as an Individual [See H.P. Urban Rent Control Act, 1987], Kailash Chand v. Dharamdass, (2005) 5 SCC 375.means occupation of himself and all persons who are dependent on him, Institute of Radio Technology v. Pandurang Baburao, AIR 1946 Bom 212: ILR 1945 Bom 1038; see also Dwarkaprasad v. Niranjan, (2003) 4 SCC 549....


His

His, although clause (d) of s. 125 (1) of CrPC, 1973 has used the expression 'his father or mother' but the use of the word 'his' does not exclude the parents claiming maintenance from their daughter. Vijaya Manohar Arbat v .Kashirao Rajaram Sawai, AIR 1987 SC 1100: (1987) 2 SCC 278: (1987) 2 SCR 331. [Criminal Procedure Code, 1973, s. 125(1)(d)]...


Flagrantly abused his position as member

Flagrantly abused his position as member, The clause 'flagrantly abused his position as member' means the doing of such act or acts by a member of a committee in disregard of his duty which would shock a reasonable mind. The nature of the 'abuse' before it could be termed as 'flagrant', must, in the circumstance be glaring, notorious, enormous, scandalous or wicked. Any alleged contravention of the provisions of the Punjab Municipal Act, 1911 Act cannot be categorised as 'flagrant abuse of power' by a member of the Committee, State of Punjab v. Bhajan Singh, AIR 2001 SC 1098: (2001) 3 SCC 565. [Punjab Municipal Act, 1911 (3 of 1911), ss. 16(1)(e) and 20]...


Arising out of his employment

Arising out of his employment, Literal construction of the phrase 'arising out of his employment conveys the idea that there must be some sort of connection between the employment and the injury caused to a workman due to the accident. But it is wide enough to cover the case where there may not necessarily be a direct connection of the workman. There may be circumstances tending to show that the workman received personal injury due to the accident that arose during the course of or out of his employment. It would not mean that personal injury only must have resulted from the mere nature of the employment, nor it be limited to cases where the personal injury is referable to duties which the employee has to discharge. The phrase 'arising out of the employment' applies to employment as such-to its nature, its conditions, by reason of which its workman is brought within the zone of danger and resultant injury, disease or death, Regional Director, ESI Corpn v. Francis De Costa, 1993 Supp (4...


His return of income

His return of income, the expression 'his return of income' occurring in Rule 5 of the U.P. Agricultural Income Tax Rules, 1949 would apply to any of the returns contemplated under s. 15 of the U.P. Agricultural Income Tax Act, 1948, namely, (1) a return filed in pursuance of the general notice issued and published by the Collector under s. 15(1), (2) a return filed by the Principal Officer of a Company under s. 15(2) read with Rule 21, (3) a return filed in pursuance of individual notice served upon an assesses by the Assessing Authority under s. 15(3), and (4) a return or a revised return filed by an assesses under s. 15(4), provided that in the first three cases the return is filed within the time specified in the notice or the rule or within the extended time granted by the Assessing Authority and in the last case the revised return is filed on account of discovery of a wrong statement in the previous return and is filed before the assessment is complete, Delhi Cloth & General Mill...


Omnes licnentiam habent his, que pro se indulta sunt, renunciare

Omnes licnentiam habent his, que pro se indulta sunt, renunciare [Lat.], every one has liberty to renounce those things which are granted for his own benefit....


Out of funds in his possession

Out of funds in his possession, the words 'out of funds in his possession' in s. 10(2)(n) of the act show that it would be attracted only where funds are relying with the custodian, Custodian of Evacuee Property v. Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557 (2560). [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...


Transferred his rights under the lease

Transferred his rights under the lease, a lease of immovable property is transfer of a right to enjoy such property. Parting with possession or control over the tenancy premises by the tenant in favour of a third person would amount to the tenant having 'transferred his rights under the lease' within the meaning of s. 14(2)(ii)(a) of the Act, Parvinder Singh v. Renu Gautam, (2004) 4 SCC 794 (800). [H.P. Urban Rent Control Act, 1987 (25 of 1987), s. 14(2)(ii)(a)]...



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