Individual Cases - Law Dictionary Search Results
Home Dictionary Name: individual casesIndividual cases
Individual cases, the above words did not mean a particular person but meant 'pertaining to an event, situation or circumstances'. The power could therefore be exercised even in favour of a group, Suraj Prakash Gupta v. State of J&K, (2000) 7 SCC 561 (581): AIR 2000 SC 2386. [J&K Civil Services (CCA) Rules, 1956, R. 5]...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
criminal case
criminal case a case prosecuted by the government, on behalf of society at large, against an individual or organization accused of committing a crime. If the defendant is found guilty, the sentence (or punishment) is often imprisonment. Source: Federal Judicial Center ...
Class or classes of cases
Class or classes of cases, relate to group or groups of individuals, who by the nature of their activities fall under one particular group or groups by their common or similar objective or objectives, Sambhu Nath Sarkar v. State of West Bengal, (1973) 1 SCC 856: (1974) 1 SCR 1: AIR 1973 SC 1425....
Good faith
Good faith, nothing shall be deemed to be done in good faith which is not done with due care and attention. [Limitation Act, 1963, s. 2 (h)]The expression 'good faith' has not been defined in the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The expression has several shades of meaning. In the popular sense, the phrase 'in good faith' simply means 'honestly, without fraud, collusion or deceit; really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme'. (see WORDS AND PHRASES, Permanent Edition, Vol. 18-A, page 91). Although the meaning of 'good faith' may vary in the context of different statutes, subjects and situations, honest intent free from taint of fraud or fraudulent design, is a constant element of its connotation. Even so, the quality and quantity of the honest requisite for constituting 'good faith' is conditioned by the context and object of the statute in which this term is employed, Brijendra...
Next below rule
Next below rule, the 'next below rule' is not a rule of any independent application. It sets out only the guiding principles for application in any case in which the President or the Governor proposes to regulate an officiating pay by special order under the second proviso to F.R. 30(1). The condition precedent to the application of the 'Next Below Rule' must, therefore, be fulfilled in each individual case before any action can be taken under this proviso, D.D. Suri v. Union of India, AIR 1979 SC 1596: (1979) 3 SCC 553: (1980) 1 SCR 24 [F.R. 30(1) Second Proviso]...
Individual
Individual, means 'single, particular, special; not general, having a distinct character, characteristic of a particular person, designed for use by one person, a single member of a class, a single human being as distinct from a family or group, a person (a most unpleasant individual). (Concise Oxford Dictionary), C.I.T. v. Om Prakash, (1999) 6 SCC 349.The words 'individual' in s. 3 of the Income-tax Act, 1922 includes with its connotation all artificial juridical persons, Jogendra Nath Naskar v. CIT, AIR 1969 SC 1089 (1094): (1969) 1 SCC 555. (Income-tax Act, 1922, s. 3)When s. 16(3) talks of an 'individual' it is only in a restricted sense that the word has been used. The section only talks of 'individual' capable of having a wife or minor child or both. It therefore necessarily excludes from its purview a group of persons forming a unit or a corporation created by a statute and is confined only to human beings who in the context would be comprised within that category, CIT v. Sodra ...
Individualization
The act of individualizing the state of being individualized individuation...
Individually
In an individual manner or relation as individuals separately each by itself as every person must apply individually for admission...
Individuation
The act of individuating or state of being individuated individualization...
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