Legislative Intent - Law Dictionary Search Results
Home Dictionary Name: legislative intent Page: 2Affect
Affect, The word 'affect' is a word of wide import and in the context in which it occurs, it must be construed to mean 'touch' or 'relate to' or 'concern'. The legislative intent, as manifest in the first part of the section, clearly is that nothing contained in the Act shall touch or apply to an adoption made prior to the commencement of the Act, Daniraiji Vrajlalji, Junagadh v. Vahuji Maharaj Shri Chandraprabha, (1975) 3 SCR 32: (1975) 1 SCC 612: AIR 1975 SC 784 (788). [Hindu Adoptions and Maintenances Act (78 of 1956) s. 30]...
Charged with and tried for an offence
Charged with and tried for an offence, The words 'charged with and tried for an offence' mean that there are accusations and allegations against the person. The words 'charged with' are used in s. 5(1)(a) of the Criminal Law Amendment (Amending) Act, 1966 in contra-distinction to the words 'charges have already been framed' in s. 5(1)(b) of the Act. Therefore the use of separate words in the two separate cls. (a) and (b) is significant to indicate that the statute speaks of the words 'charged with' in cl. (a) not in the sense of 'charges have been framed' in cl. (b). The legislative intent is abundantly clear from the use of separate words. Ss. 251, 251A, 252, 253 and 254 of the Cr PC provided that the Magistrate may discharge the accused where the charge against the accused appears to be groundless indicates that the words 'charged with' cannot be said to mean framing of a charge, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1129): (1971) 2 SCC 126....
Directly
Directly, The word 'directly', according to Webster's New World Dictionary, means 'in a direct way, without a person or thing coming between'; 'immediately as directly responsible', The use of the expression 'directly' in the context of the word 'worked', followed by the words 'by him' unmistakably shows that the Legislative intent was to allow only those intermediaries to retain land comprised nor appertaining to a mine, as lessees under the State, who immediately before the date of vesting, were working the mine under their immediate control, management and supervision. Thus construed, the phrase 'being directly worked by him' in the s. will not take in a case where the mine was being worked through a lessee or licensee to whom the right to conduct mining operations and to take away the mineral had been granted by the intermediary in consideration of receiving a periodic rent, royalty or a like amount, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co. (1979) 3 SCC 106: AIR 1...
Exemption provision
Exemption provision, an 'exemption provision' is like an exception and on normal principle of construction or interpretation of statutes it is construed strictly either because of legislative intention or on economic justification of inequitable burden or progressive approach of fiscal provisions intended to augment state revenue, Union of India v. Wood Papers Ltd., AIR 1991 SC 2049 (2051): (1990) 4 SCC 256....
Immediate purpose
Immediate purpose, 'immediate purpose', in the context in which the expression appears, relates to directness rather than speed, although absence of the latter negatives the former. It denotes connection and timely action, but not instant action; yet delayed action is a sign of remoteness of purpose. The expression must be understood as a directly connected and timely purpose, and not a secondly or remote or premature purpose. Significantly, the clause does not stay 'for the purpose of immediately demolishing', which word might have denoted instant demolition. What s. 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 says is 'immediate purpose of demolishing'. The legislative intent is that the purpose should be immediate or direct and not mediate or remote or indirect or secondary. P. Orr and Sons (P) Ltd. v, Associated Publishers (Madras) Ltd., (1991) 1 SCC 301. [T.N. Buildings (Lease and Rent Control) Act, 1960, s. 14 (1) (b)]...
Necessary to satisfy the decree
Necessary to satisfy the decree, indicated the legislative intent that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation, Balkrishnan v. Melayanda Konarke, (2006) 3 SCC 49....
Required bona fide
Required bona fide, is suggestive of legislative intent that a mere desire which is the outcome of whim or fancy is not taken note of by the rent control legislation, Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222....
Subordinate
Subordinate, by the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the function with which the business or transaction is concerned, R.G. Jacob v. Republic of India, AIR 1963 SC 550 (553): (1963) 3 SCR 800. (Indian Penal Code, 1860, s. 165)1. Placed in or belonging to a lower rank, class or position. 2. Subject to another's authority or control, Black's Law Dictionary, 7th Edn., p. 1439.Subordinate, is not a term of art and in its dictionary meaning, it connotes several ideas including holding of secondary or subservient position, Toesh Kumar v. State of Bihar, 1985 BLJR 19.Means a court can be said to be subordinate to another court only if the latter court has appellate or revisional jurisdiction or power of Superinten-dence given to it by some statutory provision over the former court, Bishambar Nath v. Achal Singh, AIR 1932 All 651: 1932 All L...
Wharton's Rule
Wharton's Rule [after Francis Wharton (1820-89), American lawyer and author, who formulated it] : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons NOTE: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular crime). ...
Resolution
Resolution, a solemn judgment or decision; a revocation of a contract. As to the cases in which resolutions of the House of Commons varying or renewing taxation have statutory effect for a limited period, see Provisional Collection of Taxes Act, 1913 (3 Geo. 5, c. 3). As regards companies, resolutions are of three kinds: (a) Ordinary, i.e., a resolution passed by a simple majority of members; (b) Extraordinary, i.e., a resolution passed by three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting, of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given; (c) Special, i.e., when passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than 21 days' notice, specifying the intention to propose the resolution as a special resolution has been duly given, or if all members entitled to ...
- << Prev.
- Next >>