Means - Law Dictionary Search Results
Home Dictionary Name: meansMeans and includes
Means and includes, The definition which consists of two separate parts which specify what the expression means and also what it includes is obviously meant to be exhaustive. As Lord Watson observed in Dilworth v. Commissioner of Stamps, 1899 AC 99. The word 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, Mahalakshmi Oil Mills v. State of Andhra Pradesh, AIR 1989 SC 335: (1989) 1 SCC 164: (1988) Supp 2 SCR 1088.(ii) A particular expression is often defined by the Legislature by using the word 'means' or the word 'includes'. Sometimes the words 'means and includes' are used. The use of the word 'means' indicates that 'definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition'. The word 'includes' when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according...
Means
Means, the word 'means' used in O. XXXIII, R. 1, Civil Procedure Code, covers all realisable assets within the applicant's reach, Tej Dat Singh v. Yuvraj Datt, 1947 AWR (CC) 275: 1947 OA (CC) 275. (See Civil Procedure Code, 1908)Means, When a statute says that a word or phrase shall 'mean' not merely that is shall include certain things or acts, the definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition, Punjab Land Develop and Reclamation Corpn. Ltd. v. Presiding Officer Labour Court, (1990) 3 SCC 682: (1990) 3 SCR 111....
Means of livelihood
Means of livelihood, the expression 'means of livelihood' in s. 11(2) had not been used in any artificial sense but in its ordinary meaning, that the said expression would mean resources of livelihood, that in ascertaining such recourses each case would depend on its own facts and circumstances, Mohan Lal v. Mohun Ram, AIR 1970 SC 1022: (1970) 3 SCC 177. [H.P. Abolition of Big Landed Estates and Land Reforms Act, 1954, s. 11 (2)]...
means test
means test Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Source: Administrative Office of the U.S. Courts ...
plain meaning rule
plain meaning rule : a rule in statute or contract interpretation: when the language is unambiguous and clear on its face the meaning of the statute or contract must be determined from the language of the statute or contract and not from extrinsic evidence ...
secondary meaning
secondary meaning : a developed association in the public's mind between the mark, name, or trade dress of a product and a specific manufacturer originating it that renders the mark, name, or trade dress protectable under trademark law [the general descriptive name of the product acquired secondary meaning] ...
ways and means
ways and means 1 : methods and resources for raising the necessary revenues for the expenses of a nation or state 2 often cap W&M : a legislative committee with jurisdiction over ways and means ...
Artificial means
Artificial means, the exposure of the stud hole permits the insertion of foreign material inside the meter retarding the rotation of the inside disc, and is thus an 'artificial means' for preventing the meter from duly registering the energy supplied, Jagannath Singh v. B. S Ramaswamy, AIR 1966 SC 849 (851): (1966) 1 SCR 885. (Electricity Act, 1910, ss. 39 and 44)...
Meaning or connotation of words and phrases
Meaning or connotation of words and phrases, In determining the meaning or connotation of words and expressions describing an article or commodity the turnover of which is taxed in a sales tax enactment, if there is one principle fairly well-settled it is that the words or expressions must be construed in the sense in which they are understood in the trade, by the dealer and the consumer, Delhi Cloth and General Mills Co. Ltd. v. State of Rajasthan, AIR 1980 SC 1552: (1980) 4 SCC 71: (1980) 3 SCR 1109....
Means and/or includes
Means and/or includes, Where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive, Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly, AIR 1986 SC 1571: (1986) 3 SCR 156....
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