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Special Indian law

Special Indian law, the term 'special Indian law' means a special Indian Law enacted by the Indian legislature and not a law enacted by the British Parliament specially for India, Bank of India v. Vijay Transport, AIR 1988 SC 151 (154): (1988) Supp SCC 47: (1988) 1 SCR 961. [Bombay Companies Accosia-tion and Transfer of Undertaking Act, (5 of 1970), s. 3]...


Indian law

Indian law, 'Indian law' shall mean any Act, Ordin-ance, Regulation, rule (order, bye-law or other instrument) which before the commencement of the Constitution had the force of law in any Province of India or part thereof, or thereafter, has the force of law in any Part A State or Part C State or part thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council, rule or other instrument made under such Act. [General Clauses Act, 1897 (10 of 1897), s. 3(29)]...


Existing law and law in force

Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...


Law in force and existing law

Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...


Company

Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...


Cyber law

Cyber law, the problem of cyber laws has arisen throughout the world. These problems arise in all areas of law. The law (statutory or otherwise) providing answers to these problems or dealing with Information Technology are sometimes named as 'Computer Laws' or 'Information Technology Laws' or simply 'Cyber laws'. The most important legislative measure is the Information Technology Act, 2000. The Act has this amended, The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers' Book Evidence Act, 1891, The Reserve Bank of India Act, 1934. The Communication Convergence Bill is addition to it...


Whoever legally bound by an oath or by an express provisions of law to state the truth

Whoever legally bound by an oath or by an express provisions of law to state the truth, The opening words of s. 191 'whoever being legally bound by an oath or by an express provision of law to state the truth........' do not support the submission that a man who is not bound under the law to make an affidavit, can if he does make one, deliberately retrain from stating truthfully the facts which are within his knowledge. The meaning of these words is that whenever in a court of law a person binds himself on oath to state the truth he is bound to state the truth and he cannot be heard to say that he should not have gone into the witness box or should not have made an affidavit and therefore the submission that any false statement which he had made after taking the oath is not covered by the words of s. 191, IPC is not supportable. Whenever a man makes a statement in court on oath he is bound to state the truth and if he does not, he makes himself liable under the provisions of s. 193. It...


Anglo-Indian

Anglo-Indian, means a person of both English and Indian ancestry; Webster Law Dictionary, p. 81.Means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled with the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only, Constitution of India, Articles 331 and 333. If the President or the Governor of a State is of the opinion that the community is not adequately represented in the Lok Sabha/State Assembly as the case may be, the President/Governor can nominate 2/1 member of that community to that House. The reservation shall cease to have effect on the expiration of a period of sixty years from the commencement of Constitution. [Constitution of India, Article 366(2)]...


Indian reservation

Indian reservation, means an area that the federal government has designated for use by an American Indian tribe, where the tribe generally settles and establishes a tribal government, Black's Law Dictionary, 7th Edn., p. 775...


Indian title

Indian title, means a right of occupancy that the federal government grants to an American Indian tribe based on the tribe's immemorial possession of the area, Black's Law Dictionary, 7th Edn., p. 775....


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