Initiation - Law Dictionary Search Results
Home Dictionary Name: initiation Page: 3 Page 3 of about 176 results ( seconds)Appointment of persons to be and the posting
Appointment of persons to be and the posting, the words 'appointment of persons to be and the posting' in article 233 have been held to mean initial appointment by direct recruitment of persons to be District Judges and the posting mentioned there is the initial posting, High Court of Punjab and Haryana v. State of Haryana, (1975) 1 SCC 843 (851): AIR 1975 SC 613. (Constitution of India, Art. 233)...
Cancellation
Cancellation, any manner of obliteration and defacement, as of an adhesive stamp in the manner prescribed by s. 8 of the (English) Stamp Act, 1891 (54 & 55 Vict. c. 91), which enacts that-(1) Mode of Cancellation. An instrument, the duty upon which is required or permitted by law [see ss. 22, 34, 49(2), 52(3), 64, 69(3), 78(1), 79(2), 80(2), 85(1), 90, 99, 101(2), 110(1), and 111(2)], to be denoted by an adhesive stamp, is not to be deemed duly stamped with an adhesive stamp, unless the person required by law to cancel the adhesive stamp cancels the same by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, or otherwise effectively cancels the stamp and renders the same incapable of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.(2) Plurality of Stamps. Where two or more ...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Falsely charges
Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge' must refer to the criminal or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words 'falsely charges' have to be read along with the expression 'institution of criminal proceeding'. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their content sense. They get as it were their colour and content from each other. They seems to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedi...
Signature
Signature, a sign or mark impressed upon anything; a stamp, a mark; the name of a person written by himself either in full or by initials as regards his Christian name or names, and in full as regards his surname, or by initials only [In the goods of Blewitt, (1880) 5 PD 116], or by mark only, though he can write, Baker v. Dening, (1838) 8 Ad&E 94.Signature is required to authenticate a will (see WILL), a deed after 1925 (Law of Property Act, 1925, s. 73), a guarantee and other documents mentioned in the Statute of Frauds (see FRAUDS, STATUTE OF), and a risk note within the meaning of the seventh s. of the Railway and Canal Traffic Act, 1854 (see RISK NOTE). Pleadings must be signed by counsel if settled by him, and if not, by the solicitor or the party; R.S.C. 1883, Ord. XIX., r. 4. No fee to counsel is allowed on taxation unless vouched by his signature, Ibid., Ord. LXV., r. 27, reg. 52.When signature by an agent is permissible, the writing of the name of the principal by the agent i...
Take cognisance
Take cognisance, means taking notice of an offence. This would include the intention of initiating judicial proceedings against the offender in respect of that offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purposes, State of West Bengal v. Mohammed Khalid, 1995 (1) SCC 684; Badri Prasad Gupta v. Kripa Shanker, AIR 1967 All 468: 1967 Cr LJ 1255: 1967 All LJ 317....
Trespasser
Trespasser, referred. [Transfer of Property Act, 1882 (15 of 1882), s. 45]One who commits a trespass. In general a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew, (1913) 1 KB 398; but an owner of a field upon which to his knowledge the public habitually trespassed was under the circumstances held liable to a trespasser for injuries done to him by a vicious horse which the owner of the field kept there, Lowery v. Walker, 1911 AC 10. A man may be a trespasser even on a highway if he is using it for an improper purpose; see Harrison v. Duke of Rutland, (1893) 1 QB 143; and see SPRING GUNS.Per K. Ramaswamy, J.: A rank trespasser is one who does not stand in any contractual relationship with the owner of the premises. A trespasser is also one who lawfully enters into but unlawfully remains in possession of the property without the consent or acquiescence o...
Verify
Verify, in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expression means to determine whether:(a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature. [Information Technology Act, 2000 (21 of 2000), s. 2(1) (zh)]1. To prove to be true, to confirm or establish the truth or truthfulness of; to authentically2. To confirm or substantiate by oath or affidavit; to swear to the truth of, Black's Law Dictionary, 7th Edn.Means to ascertain, to confirm, to test the truth or accuracy of, and to prove to be true. That the authority must append his verification to the declaration made by candidate on solemn affirmation, Nanak Singh v. Deputy Commissioner Amritsar, (1968) 70 Punj LR 1095....
Publicity pamphlet
A pamphlet which in some States of the United States having the initiative or referendum is mailed to the voters to inform them as to the nature of a measure submitted by the initiative or referendum The pamphlet contains a copy of the proposed law and arguments for and against it by those favoring and opposing it respectively...
Litigation
Litigation, judicial contest; law-suit.The expression 'litigation' means a legal action including all proceedings therein, initiated in a court of law with the purpose of enforcing a right or seeking a remedy, Janata Dal v. H.S. Chowdhary, AIR 1993 SC 892 (906): (1992) 4 SCC 305.Litigation, means a legal action, including all proceedings therein, initiated in a court of law, Paramjeet Singh Patheja v. ICDS Ltd., AIR 2007 SC 168....
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