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Home Dictionary Name: namely Page: 2Prize chit
Prize chit, includes any transaction or arrangement by whatever name called under which a person collects whether as a promoter, foreman, agent or in any other capacity, monies in one lump sum or in instalments by way of contributions or subscriptions or by sale of units, certificates or other instruments or in any other manner or as membership fees or admission fees or service charges to or in respect of any savings, mutual benefit, thrift, or any other scheme or arrangement by whatever name called , and utillilses the monies so collected or any part thereof or the income accruing from investment or other use of such monies for all or any of the following purposes, namely:-(i) giving or awarding periodically or otherwise to a specified number of subscribers as determined by lot, draw or in any other manner, prizes or gifts in cash or in kind, whether or not the recipient of the prize or gift is under a liability to make any further payment in respect or such scheme or arrangement;(ii)...
Predominate
Predominate, in the context of a composite yarn made of different types of yarn, has a very simple meaning, namely, that the percentage of the particular yarn with which one is concerned should predominate over the weight of the other constituents of the composite yarn, Collector of Central Excise v. Rane Braker Lininge Ltd., (1998) 8 SCC 420....
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Power system
Power system, means all aspects of generation, transmission, distribution and supply of electricity and includes one or more of the following, namely:-(a) generating stations;(b) transmissions or main transmission lines;(c) sub-stations;(d) tie-lines;(e) load despatch activities;(f) mains or distribution mains;(g) electric supply-lines;(h) overhead lines;(i) service lines;(j) works. [Electricity Act, 2003 (36 of 2003), s. 2(50)]...
Place of public work or use
Place of public work or use, means public places namely auditoriums, hospital building, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances including railways. [West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-Smokers and Minors Act, 2001, s. 2(5)]...
Oyer
Oyer (to hear), the ancient word for assizes; oyer of a deed, i.e., the right of a defendant to have a deed read to him, is abolished by (English) C.L.P. Act, 1852, 55.Means a party having a right to demand oyer is yet not obliged, in all cases, to exercise that right; nor is he obliged, in all cases, offer demanding it, to notice it in the pleading he afterwards files or delivers. Sometimes, however, he is obliged to do both, namely, where he has occasion to found his answer upon any matter contained in the deed of which profert is made, and not set forth by his adversary. In these cases the only admissible method of making such matter appear to the court is to demand oyer, and, from the copy given, set forth the whole deed verbatim in his pleading, Handbook of Common-Law Pleading, Benjamin J. Shipman, 289 at 483 (Henry Winthrop Ballantine, Editor, 3rd Edn., 1923)....
Office of profit under the government
Office of profit under the government, the term 'office of profit under the government' used in clause (a) is an expression of wider import than a post held under the government which is dealt with in Part XIV of the Constitution. The true principle behind this provision in Article 102(1)(a) is that there should not be any conflict between the duties and the interest of an elected member. Government controls various activities in various spheres and in various measures. But to judge whether employees of any authority or local authorities under the control of government become government employees or not or holders of office of profit under the government, measure and nature of control must be judged in the light of the facts and circumstances in each case so as to avoid any possible conflict between personal interests and duties, Ashok Kumar Bhattacharyya v. Ajoy Biswas, AIR 1985 SC 211: (1985) 1 SCC 151: (1985) 2 SCR 50.(ii) The term holding 'office of profit under the government' use...
Opium derivative
Opium derivative, means:(a) medicinal opium, that is, opium which has undergone the processes necessary to adopt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral material;(b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts;(d) diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and(e) all preparations containing more than 0.2 per cent of morphine or containing any diacetyl morphine. [Narcotic Drugs and Psychotropic Substances Act, 1985, s. 2(xvi)]...
Reasonable classification
Reasonable classification, it is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration, Express Newspaper (Private) Ltd. v. Union of India, AIR 1958 SC 578....
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
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