Madras - Law Dictionary Search Results
Home Dictionary Name: madrasMadras area
Madras area, the adaptation made in the Mysore General Clauses Act, 1899 by virtue of the provisions contained in the States Reorganisation Act, 1956 defined 'Madras Area' to mean the territory specified in Clause (d) of sub-s. (1) of s. 7 of that Act, State of Mysore v. Pendakur Virupanna Setty, AIR 1971 SC 1325 (1328): (1971) 2 SCC 255. [Karnataka General Clauses Act, 1899, s. 3(47)]...
Madras, Bishopric of
Madras, Bishopric of, established by 3 & 4 Wm. 4, c. 85; and see 5 & 6 Vict. c. 119....
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Sale 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...
Aliyasantana law
Aliyasantana law, means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949, (Madras Act IX of 1949) or by the customary Aliyasantana law with respect to the matter for which provision is made in this Act. [Hindu Succession Act, 1956 (30 of 1956), s. 3 (1) (b)]...
Collector
Collector, means the chief officer in charge of the revenue-administration of a district and includes any officer whom the State Government, by notification in the Official Gazette may, by name or in virtue of his office, appoint to be a Collector in any local area or with respect to any class of persons, for all or any of the purposes of this Act. [Guardians and Wards Act, 1890 (8 of 1890), s. 4 (6)]Means the Collector having jurisdiction over the area in which the accident occurs. [Public Liability Insurance Act, 1991 (6 of 1991), s. 2 (b)]The expression means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the [appropriate Government] to perform the functions of a Collector under this Act. [Land Acquisition Act, 1894 (10 of 1894), s. 3 (c)]Collector,--(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, madras and Bombay, respectively, and, without those limits, the Collector of a ...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
Groundnut oil
Groundnut oil, the processing consists in the non-oily content of the raw oil being separated and removed, rendering the oily content of the oil 100 per cent. For this reason refined oil continues to be groundnut oil within the meaning of rules 5(1)(k) and 18(2) of the Madras General Sales Tax (Turnover and Assessment) Rules, 1939 notwith-standing that such oil does not possess the characteristic colour, or taste, odour, etc. of the raw groundnut oil, Tungabhadra Industries Ltd. v. Commercial Tax Officer, AIR 1961 SC 412: (1961) 2 SCR 14. [Madras General Sale Tax (Turnover and Assessment, Rules (1939), R. 18(2), s. (1) (k)]...
Identifiable constituent
Identifiable constituent, if the component is capable of identification by a chemical or other test as a component of a finished product falling within the Schedule, it would be an identifiable constituent within the meaning of S. 3(3) Explanation of the Madras General Sales Tax Act, 1959 and the sale of the component would qualify for the concessional rate of tax, State of Madras v. M.R. Krishnaswami Naidu, AIR 1970 SC 1027: (1971) 3 SCC 831. [T.N. General Sales Tax Act, 1959]...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
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