Jains - Law Dictionary Search Results
Home Dictionary Name: jains Page: 3Resident 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)]...
Solatium
Solatium, Solatium as the word goes, is 'money comfort', quantified by the statute, and given as a conciliatory measure for the compulsory acquisition of the land of the citizen, by a welfare State such as ours, Narain Das Jain v. Agra Nagar Mahapalika, (1991) 4 SCC 212 (215).Compensation esp., damages allowed for hurt feelings or grief, as distinguished from damages for physical injury, Black's Law Dictionary, 7th Edn., p. 1397....
Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
Sampark
Sampark, Hindi word Sampark is a contact and when it is said that a person came in 'Sampark' with another means that he met the person. The word Sampark is different from 'Sambandha', Gulab Chandra Kammodlal Jain v. State of Madhya Pradesh, AIR 1963 MP 301 (305)...
Sitting and voting
Sitting and voting, the words 'sitting and voting' in Article 193 of the Constitution imply the summoning of the House under Article 174 by the governor to meet at such time and place as the thinks fit and the holding of the meeting of the House pursuant to the said summons or an adjourned meeting, Pashupati Nath Sukul v. Nem Chandra Jain, AIR 1984 SC 399 (406): (1984) 2 SCC 404: (1984) 1 SCR 939....
Notified order
Notified order, means an order notified in the Official Gazette. [Essential Commodities Act, 1955 (10 of 1955), s. 2(c)]--the term 'notified order' which is defined as meaning 'an order notified in the official Gazette' is wide enough to cover special as well as general orders relating to the matters specified in s. 3, Santosh Kumar Jain v. State, AIR 1951 SC 201(202). [Essential Supplies (Temporary Powers) Act, s. 3(i)]...
State
State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Tax and fee
Tax and fee, it is true that between a tax and a fee there is no generic difference. Both are compulsory exactions of money by public authorities; but whereas a tax is imposed for public purposes and is not, and need not, be supported by any considera-tion of service rendered in return, a fee is levied essentially for services rendered and as such there is an element of quid pro quo between the person who pays the fee and the public authority which imposes it, Hingir Rampur Coal Co. Ltd. v. State of Orissa, AIR 1961 SC 459 (464): (1961) 2 SCR 537.It is now well recognised that there is not generic difference between a tax in and a fee; both are compulsory exaction of money by public authority, Union of India v. R.C. Jain, AIR 1981 SC 951: (1981) 2 SCC 308: (1981) 2 SCR 854.The chief purpose of a tax is to raise funds for the support of the Government or for a public purpose, while a fee may be charged for the privilege or benefit conferred, or service rendered or to meet the expenses c...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
To possess or to retain
To possess or to retain, means to possess or to retain in physical form and the words 'possession' or 'retention' shall be construed accordingly. [Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2000, Reg. 2 (ii)]To provide for regulating or prohibiting production supply and distribution, the power to 'provide for regulating or prohibiting production, supply and distribution' conferred by the Essential Supplies (Temporary Powers) Act, 1946 on the Central Government included the power to regulate or prohibit by issuing directions to a particular producer or dealer or by requiring any specific act to be done or forborne in regard to production, Santosh Kumar Jain v. State, AIR 1951 SC 201: (1951) SCR 303....
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