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Home Dictionary Name: legislature Page: 4Sale of goods
Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
Satisfactorily account
Satisfactorily account, the legislature has advisedly used the expression 'satisfactorily account'. The emphasis must be on the word 'satisfactorily', and the Legislature has, thus, deliberately cast a burden on the accused not only to offer a plausible explanation as to how he came by his large wealth, but also to satisfy the court that his explantation was worthy of acceptance, C.S.D. Swami v. State, AIR 1960 SC 7 (10): (1960) 1 SCR 461. [Prevention of Corruption Act, 1947, s. 5(3)]...
Specific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Taxation
Taxation, is a tax levy; the principle of levying taxes, Webster American Dictionary, p. 1494.Taxation, is levying charge, a pecuniary burden, for the support of government, by authority of the legislature. The consent of the tax-payer is not necessary to its enforcement, A Dictionary of Law, Willium C. Anderson, 1889, p. 1006.Taxation, no Bill or amendment seeking permission for imposition, abolition, remission, alteration or regulation of any tax can be introduced or moved except on the recommendation of the President and such a Bill cannot be introduced in Rajya Sabha. [Constitution of India, Art. 117(1)]Taxation, no taxation without representation can be levied or collected except by authority of law, Constitution of India, Art. 265.Taxation, though the expression 'taxation', as defined in Art. 366(28), 'includes the imposition of any tax or impost, whether general or local or special', the amplitude of that definition has to be cut down if the context otherwise so requires. In re ...
Legislation, subordination
Legislation, subordination, means the making of statutory instruments or orders by a body subordinate to the legislature in exercise of power within specific limits conferred by the legislature also covers statutory instruments themselves, Practice and Procedure of Parliaments, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 630....
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...
Harmonious construction
Harmonious construction, it is a recognised rule of interpretation of statutes that the expressions used therein should ordinarily be understood in a sense in which they best harmonise with the object of the statute, and which effectuate the object of the Legislature. If an expression is susceptible of a narrow or technical meaning, as well as a popular meaning the Court would be justified in assuming that the Legislature used the expression in the sense which would carry out its objects and reject that which renders the exercise of its powers invalid, New India Sugar Mills Ltd. v. Commissioner, Sales Tax, AIR 1963 SC 1207 (1213)....
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
Giving notice in writing
Giving notice in writing, Chapter XVII of the Act, containing ss. 138 to 142, was inserted in the Act as per Banking Public Financial Institution and Negotiable Instruments Laws (Amendment) Act, 1968. When the legislature contemplated that notice in writing should be given to the drawer of the cheque, the legislature must be presumed to have been aware of the modern devices and equipment already in vogue and also in store for future. If the Court were to interpret the words 'giving notice in writing' in the s. as restricted to the customary mode of sending notice through postal service or even by personal delivery, the interpretative process would fail to cope up with the change of time. If the notice envisaged in clause (b) of the proviso to s. 138 was transmitted by Fax it would be compliance with the legal requirement, SIL Import v. Exim Aides Silk Exporters, (1991) 4 SCC 567: AIR 1999 SC 1609 (1612, 1613). [Negotiable Instrument Act, 1881, s. 138, proviso (b)]Giving Notice in writi...
agency
agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...
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