Legislative Intent - Law Dictionary Search Results
Discharge from liability
intention of total extinction of the liability and should, specially in view of the international character of the legislation, be construed in that sense. Once the liability is extinguished under this clause, there is no scope of … Discharge from liability, the words are apt to ex-press an intention of total extinction of the liability and should, specially in view of the international character of the legislation,
Residence
SC 3127. Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the
Legislation
is a judicial function. In the performance of this function, the court interprets and gives effect to the intent and mandate of the legislature as embodied in the statute. On the other hand, it is for the … Legislation, a legislation, it is trite, is not confined to a statute enacted by Parliament or the legislature of
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Shall
Dayanand Rayu Mandrakar, AIR 2005 SC 547. Shall, may be remembered, does not always necessarily connote a mandatory intent on the part of the law maker, Mohammed Yamin v. Zafar Md., AIR 1968 Del 149. Means has … modern statutes the word shall is used as an imperative only and not as a future, Thring: Practical Legislation, p. 83. Shall, or may is not conclusive on the question whether the particular requirement of law is
Wilful
'wilful' or 'wilfully' has to be ascertained on a close examination of the scheme and nature of the legislation in which the words appear and the context in which they are used Ramchandra N. Kulkarni v. State … Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282. Means intentional; not incidental or involuntary. Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an
Prior or previous
Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645. The word 'prior' or 'previous' … of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1)
Issued and served
Issued and served, the expressions 'issued' and 'served' are used as interchangeable terms and in the legislative practice of our country they are sometimes used to convey the same idea. Accord-ingly, it was held that … ITR 381 (All) cited in the judgment under attack and a Bombay decision, observed at page 108: The intention would be effectuated if the wider meaning is given to the expression 'issued'. The dictionary meaning of the
Administration of justice
Entry 11-A in 7th Schedule of Constitution only shows that, the Topic ' Administration of Justice can be legislated on both by Union as well as the State legislatures, Union of India v. Cadell Weaving Mills Co. … be an expression of wide import and may ordinarily, and in the absence of anything indicating any contrary intention, cover and include within its ambit several things as component parts of it, namely, the constitution and organisation
Trust for sale
analogous powers to mortgagees, personal representatives and trustees in bankruptcy, provided a model for much of the land legislation of 1925. Beneficiaries under a trust for sale had no estate in the land but only in the … in favour of purchasers (s. 23); confers a power to postpone sale in the absence of a contrary intention (s. 25); consents, if requisite, are restricted to two in favour of a purchaser, and the wishes of
Mortgage
a foreclosure decree, a sale by the mortgagee under a power, express or implied, in that behalf, a legislative provision, or unreasonable delay. see CLOG ON EQUITYOF REDEMPTION. A provision rendering a mortgage irredeemable for a short … construing wills a general direction to pay debts out of personalty shall not include mortgage debts, unless an intention to that effect be expressed or implied. These Acts were repealed and reproduced in an amended form, to
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