India - Law Dictionary Search Results
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India, the territory of India comprises the territories of the States and that of Union territories which are specified in Sch. 1 of the Constitution and any other territories which may be acquired, Constitution of India, Art. 1(3)(a), (b), (c).means Bharat, a Union of States, Constitution of India, Art. 1.India, in 1876, by the (English) Royal Titles Act, 1876 (39 & 40 Vict. c. 6), Queen Victoria was empowered to add to the style of the Crown, with a view of recognizing the transfer of the Government of India to the Queen by the Government of India Act, 1858 (21 & 22 Vict. c. 106), and the addition of 'Empress of India' was made by Proclamation in April, 1876, with which addition as 'Emperor of India' it has passed to his present Majesty.In any Act of Parliament passed after 1889 the expression 'British India' means 'all territories and places within her Majesty's dominions which are for the time being governed by her Majesty through the Governor-General of India or through any govern...
Person resident in India
Person resident in India, 'person resident in India' is defined in clause (p) of s. 2 to mean: (i) a citizen of India, who has, at any time after the 25th day of March, 1947, been staying in India, but does not include a citizen of India who has gone out of, or stays outside, India, in either case - (a) for or on taking up employment outside India, or (b) for carrying on outside India a business or vocation outside India, or (c) for any other purpose, in such circumstances as would indicate his attention to stay outside India for an uncertain period; (ii) a citizen of India, who having ceased by virtue of paragraph (a) or paragraph (b) or paragraph (c) of sub-clause (i) to be resident in India, returns to or stays in India, in either case - (a) for or on taking up employment in India, or (b) for carrying on in India a business or vocation in India, or (c) for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period, Needle Indust...
British India
British India, 'British India' shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty's dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or Officer subordinate to the Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar. [General Clauses Act, 1897 (10 of 1897), s. 3 (5)]...
Resident in India
Resident in India, the intention of the Legislature was plainly to prohibit all transactions in foreign exchange by persons who are residents of India whether such transactions take place during their actual residence in India or during their sojourn in foreign parts. To hold that the prohibition under the Act does not extend to acts done outside India by residents of India must inevitably lead to large-scale evasion of the Act resulting in its object being defeated. A construction which leads to such a result must be avoided. The expression 'resident in India' is clearly used in the sense 'resident of India', Shanti Prasad Jain v. Director of Enforcement, AIR 1962 SC 1764 (1778): (1963) 2 SCR 297. [Foreign Exchange Regulation Act, (7 of 1947), s. 4(1)]...
Taking out to a place outside India
Taking out to a place outside India, the expression 'taking out to a place outside India' would also mean a place in high seas. It is beyond the territorial waters in India. High seas would also mean a place outside India, if it is beyond the territorial waters of India. Therefore, if the goods were taken out to the high seas outside territorial waters of India, they will come within the ambit of expression 'taking out to a place outside India', Collector of Customs v. Sun Industries, 1988 Supp SCC 342(346). [Customs and Central Excise Duties Drawback Rule, 1971, s. 2(c)]...
East India Company
East India Company. The East India Company was originally established for prosecuting the trade between England and India, which they acquired as a right to carry on exclusively. By the middle of the eighteenth century, however, the company's political affairs had become of far more importance than their commerce. In 1858, by 21 & 22 Vict. c. 106, the government of the territories of the company was transferred to the Crown. Consult Mill's History of British India; Jac. Law Dict. See INDIA.The company that was originally established to pursue exclusive trade between England and India and that later become more active in political affairs than in commerce, Black's Law Dictionary, 7th Edn., p. 529....
Free trade throughout the territory of India
Free trade throughout the territory of India, Article 301 Constitution of India mandates free trade, commerce and intercourse throughout the territory of India. Interstate trade has, therefore, to be free from trade barriers. The mobility of goods throughout the territory of India has to be free. Free trade throughout the territory of India would be one with no tariffs and no restrictions or disadvantages of any kind of importing or exporting from the different States. Free trade means complete freedom of interstate trade without any restrictions on the movement of goods between the States, State of Bihar v. Harihar Prasad, AIR 1989 SC 1119 (1125): (1989) 2 SCC 192: (1989) 1 SCR 796. [Constitution of India Art. 301]...
Laws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
To import into India
To import into India, with its grammatical varia-tions and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (xxv)]...
Repatriate to India
Repatriate to India, means bringing into India the realised foreign exchange and--(i) the selling of such foreign exchange to an authorised person in India in exchange for rupees, or(ii) the holding of realised amount in an account with an authorised person in India to the extent notified by the Reserve Bank,and includes use of the realised amount for dis-charge of a debt or liability denominated in foreign exchange and the expression 'repatriation' shall be construed accordingly. [Foreign Exchange Man-agement Act, 1999 (42 of 1999), s. 2 (y) (i) (ii)]...
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