Lucknow - Law Dictionary Search Results
Home Dictionary Name: lucknowCause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Any
Any, the word 'any' has the following meaning:some; one of many; and indefinite number. One indiscriminately or whatever kind or quantity.Word 'any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute. It is often synonymous with 'either', 'every' or 'all'. Its generality may be restricted by the context;' (Black's Law Dictionary, 5th Edn.), Shri Balaganesna Metals v. M. N. Shanmugham Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T. N. Buildings (Lease and Rent Control) Act, 1960 (18 of 1960) s. 10(3)(c)]The word 'any' dictionary means 'one or same or all'. In Black's law Dictionary it is explained thus, 'word any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'same' or 'one' and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word 'any...
Lucknow
A city in India the site of the Indian Mutiny 1857 when the British were beseiged...
Consumer
Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...
From time to time
From time to time, The words 'from time to time' suggests not only that judges may come from Allahabad to Lucknow or vice versa but also that the number may be increased or decreased according to exigencies. The only limitation on the number is that it shall not be less than two, Shri Nasiruddin v. State Transport Appellate Tribunal, AIR 1976 SC 331: (1975) 2SCC 671: (1976) 1 SCR 505....
Heard
Heard, The word 'heard' means that cases which have already been instituted or filed at Lucknow may in the discretion of the Chief Justice under the second proviso to paragraph 14 of the U.P. High Court (Amalgamation) Order, 1948 be directed to be heard at Allahabad, Nasiruddin v. State Transport Appellate Tribunal, AIR 1976 SC 331: (1975) 2 SCC 671: (1976) 1 SCR 505 [U.P. High Courts (Amalgamation) Order, 1948 (Para 7, 14)]...
Potential
Potential, in Oxford Dictionary it is defined as 'capable of coming into being, possibility'. In Black's Law Dictionary it is defined as extending in possibility but not in act'. Naturally and probably expected to come 'into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement, already made.' In other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. The clause is thus very wide and extends to any or all actual or potential users, Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243: AIR 1994 SC 787 (793). [Consumer Protection Act, 1986, s. 2(o)]...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Such other order as it thinks fit
Such other order as it thinks fit, does not include an order of dismissal of suit, Raj Rani Srivastava v. District Judge, Lucknow, (1997) 1 JCLR 191 (See also Code of Civil Procedure, 1908, O. 27, r. 2)....
Time-barred
Time-barred, means debts which cannot be recovered in court of law by the statutes of limitations, Hari Raj Singh v. Sanchalak Panchayat Raj, Uttar Pradesh Govt., Lucknow, AIR 1968 All 246....
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