Mehar - Law Dictionary Search Results
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Mehar, Payment of mehar money, as a customary discharge, is within the cognizance of s. 127, Criminal Procedure Code, 1973. The purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself, Bai Tahira v. Ali Hussain Fissalli Chothia, AIR 1979 SC 362 (366): (1979) 2 SCC 316: (1979) 2 SCR 75....
Artisan
Artisan, the expression 'artisan' has to be understood as widely as possible and without regard to his skill. Nevertheless, he must be both a workman and an artisan of some kind, Chandigarh Admn. v. Mehar Singh, 1992 Supp (3) SCC 43 (45): 1992 SCC (L&S) 990. [Fundamental Rules, R. 56 (b)]The word 'artisan', has to be understood in common parlance in a wider sense as an art or an artist or one employed in any of the industrial arts or produces an article of commercial value or utility with manual dexterity, either by manual labour or with the help of tools or machine and brings into existence a product for sale or service, State of Orissa v. Adwait Charan Mohanty, 1995 Supp (1) SCC 470 (475). [Orissa Service Code, Rule 71 (a), Note to second Proviso]...
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Market value
Market value, The term 'market value' has ac-quired a definite connotation by judicial decisions. Any addition to the value of the land to the owner whose land is compulsorily acquired which addition is the result of such factors as are unrelated to the open market cannot be regarded as a part of the market value, Union of India v. Shri Ram Mehar, AIR 1973 SC 305: (1973) 2 SCR 720: (1973) 1 SCC 109.Market value means the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with all its existing advantages and its potential possibilities when laid out in the most advantageous manner excluding any advantages due to the carrying out of the scheme for which the property is compulsory acquired, Thakur Kanta Prasad Singh v. State of Bihar, AIR 1976 SC 2219: (1976) 3 SCC 772: (1976) 3 SCR 585; Prithvi Raj Taneja v. State of Madhya Pradesh, AIR 1977 SC 1560: (1977) 1 SCC 684: (1977) 2 SCR 633. (Land Acquisition Act, 1894, s. ...
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