In Any Such Case - Law Dictionary Search Results
Home Dictionary Name: in any such caseIn any such case
In any such case, The opening words of sub-s. (3) of s. 137, viz., 'In any such case' make it clear that its concessional provisions apply only to the immediately preceding clause, namely, s. 137(2), Anant Mills Co. Ltd. v. State of Gujarat, AIR 1975 SC 1234: (1975) 2 SCC 175: (1975) 3 SCR 220....
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Time
Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time dur...
At any given time
At any given time, the expression 'at any given time' means till that time when the results can be declared, Lalit Mohan Pandey v. Poorman Singh, (2004) 6 SCC 626 (664): AIR 2004 SC 2303.At any time, the expression at any time merely means that the termination may be made even during the subsistence of the term of appointment, Shrilakha Vidyasthi v. State of Uttar Pradesh, (1991) 1 SCC 212: AIR 1991 SC 537 (546): (1991) 1 SCC 212.The expression 'at any time' thus takes in such cases as where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed, Western India Match Co Ltd. v. Workers Union, (1970) 1 SCC 225 (231): AIR 1970 SC 1205. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947)]Exercise of suo motu power 'at any time' only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that 'at any time' should be unguided and arbitrary. In th...
Hunting
Hunting, trapping of birds which comes within the purview of the meaning of the term 'hunting' is thus prohibited in terms of s. 9 of the Act, Chief Forest Officer v. Nisar Khan, AIR 2003 SC 1867 (1869): (2003) 4 SCC 595. [Wild Life (Protection) Act, 1972, s. 2(16)]With its grammatical variations and cognate expressions, includes:(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;(c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles. [Wild Life (Protection) Act, 1972 (53 of 1972), s. (16)]...
Railway servant
Railway servant, Acts has to be construed as a reference to corresponding provision of the re-enacted Act. It may be recalled that any reference in such cases to the provisions of the repealed, Ram Prosad Ramnarain v. Bejoy Kumar Sadhukhan, AIR 1966 Cal 488.Means any person employed by the Central Government or by a railway administration in connection with the service of a railway. [Railways Act, 1989, s. 2 (34)]...
Allocable surplus
Allocable surplus, means-(a) in relation to an employer, being a company other than a banking company which has not made the arrangements prescribed under the Income-tax Act for the declaration and payment within India of the dividends payable out of its profits in accordance with the provisions of s. 194 of that Act, sixty-seven per cent of the available surplus in an accounting year. (b) In any other case, sixty per cent of such available surplus. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (4)]...
Common gaming house
Common gaming house, 'common gaming house' means--(i) in the case of gaming--(a) on the market price of cotton, opium or other commodity or on the digits of the number used is stating such price, or(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or(c) on the market price of any stock or share or on the digits of the number used in stating such price, or(d) on the occurrence or non-occurrence of rain or other natural event, or(e) on the quantity of rainfall or on the digits of the number used in stating such quantity, or(f) on the pictures, digits or figures of one or more playing cards or other documents or objects bearing numbers, or on the total of such digits or figures, or on the basis of the occurrence or non-occurrence of any uncertain future event, or on the result of any draw, or on the basis of the sequence or any permutation or combination of such pictures, digits, figures, n...
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