In Relation To Which - Law Dictionary Search Results
Home Dictionary Name: in relation to whichIn relation to which
In relation to which, the words 'in relation to which' in Article 227(1) of Constitution of India qualify the words 'territories' and not the words 'courts and tribunals', Waryam Singh v. Amarnath, AIR 1954 SC 215 (217): (1954) SCR 565....
In or in relation to
In or in relation to, the words 'in or in relation to' which occur in clause (b) are not repeated in clause (c). But these words occur in S. 476 both with reference to clause (b) and clause (c) of s. 195 (1). The interpretation of these words is not res integra. There was a conflict of judicial opinion in regard to the meaning and ambit of these words. Now, thus, the settled position is that the bar in s. 195(1)(b) of the Criminal Procedure Code, 1973 does not apply if there is no proceeding in any court at all when the offence mentioned in the aforesaid clause (1) has been committed. In other words, the s. contemplates only the proceedings pending or concluded and not in contemplation. The rationale behind these decisions is that if the two proceed-ings, one in which the offence is committed and the other, the final proceedings, in the same or a transferee court are, in substance, different stages of the same integrated judicial process, the offence can be said to have been committed ...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Law relating to
Law relating to, contemplates that the relation must be real, reasonable and prominent and not far-fetched or problematical, Ram Shankar Tewari v. State, 1954 All WR (HC) 334: 1954 Cr LJ 1212: 1954 All 562.Law relating to, the effect of the amendment made in Art. 19(6) of the Constitution of India is to protect the law relating to the creation of monopoly and that means that it is only the provisions of the law which are integrally and essentially connected with the creation of the monopoly that are protected. The rest of the provisions which may be incidental do not fall under the latter part of Art. 19(6) and would inevitably have to satisfy the test of the first part of Art. 19(6), Virajlal Manilal and Co. v. State of Madhya Pradesh, AIR 1970 SC 129: (1969) 2 SCC 248: (1979) 1 SCR 400. [Constitution of India, Art. 19(6)]....
Relating to
Relating to, words 'relating to' words of com-prehensiveness which might both have a direct as well as an indirect significance, depending on the context. They are not words of restrictive context, State of Wakf Board v. Abdul Azeez Sahib, AIR 1968 Mad 79.The words 'relating to' are of wide import and can take in their sweep any suit in which the grievance is made that the defendant is threatening to illegally recover possession from the plaintiff-licensee. Suits for protecting such possession of immovable property against the alleged illegal attempts on the part of the dependant to forcibly recover such possession from the plaintiff, can clearly get covered by the wide sweep of the words 'relating to recovery of possession' as employed by s. 41(1), Manusukhlal Dhanraj Jain v. Eknath Vithal Ogale, AIR 1995 SC 1102 (1105): (1995) 2 SCC 665. [Presidency Small Cause Courts Act (15 of 1882), s. 41(1)]...
Relation
The act of relating or telling also that which is related recital account narration narrative as the relation of historical events...
In relation to arbitral proceedings
In relation to arbitral proceedings, The phrase 'in relation to arbitral proceedings' cannot be given a narrow meaning to mean only pendency of the proceedings before the arbitrator. It would cover not only proceedings pending before the arbitrator but would also cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v. State of Goa, (2003) 6 SCC 56 (62). [Arbitration and Conciliation Act, 1996, s. 85(2)(a)]In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334....
Matters relating to employment
Matters relating to employment, It is now well settled that the expression 'matters relating to employment' used in Article 16(1) is not confined to initial matters prior to the act of employment, but comprehends all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment and from part of the terms and conditions of such employment, such as, provisions as to salary, increments, leave, gratuity, pension, age of superannuation, promotion and even termination of employment. It is further well established that Articles 14, 15(1) and 16(1) from part of the same constitutional code of guarantees and supplement each other. If any authority is needed for the above enunciation, reference may be made to the observations made by Gajendragadkar, J., as he then was, in General Manager, Southern Railway v. Rangachari. The Manager, Government Branch Press v. D.B.Belliappa, AIR 1979 SC 429: (1979) 1 SCC 477: (1979) 2 SCR 458....
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Which initiates any disciplinary proceedings
Which initiates any disciplinary proceedings, the words 'which initiates any disciplinary proceed-ings' in relation to the Govt. and words 'against whom such proceedings are started' in relation to a member of the Service indicate that the initiation of disciplinary proceedings in the form of inquiry into charges is not the prerequisite of an order of suspension, P.R. Nayak v. Union of India, AIR 1972 SC 554: (1972) 1 SCC 332: (1972) 2 SCR 695....
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