Nath - Law Dictionary Search Results
Home Dictionary Name: nathStigma
Stigma, denotes loss of confidence by the employer amount to 'stigma', Kamal Kishore Lakshman v. Pan American World Airways, AIR 1987 SC 229: (1987) 1 SCC 146.Stigma, is something that detracts from the character or reputation of a person, a mark, sign etc., indicting that something is not considered normal or standard (Webster's New World Dictionary), Dipti Prakash Banerjee v. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 SCC 60.Stigma, is understood to be something that is detraction from the character or reputation of a person. It is blemish, imputation, mark or label indicating a deviation from a norm, mere description of background fact cannot be called as stigma. State of U.P. v. Ram Bachan Tripathi, AIR 2005 SC 3212.--in the absence of a statutory definition of the word 'stigma', its meaning as available in dictionaries. According to Webster's New World Dictionary it is something that detracts from the character or reputation of a person, a mark, sign, etc. in...
Domicile and residence
Domicile and residence, etymologically, 'residence' and 'domicile' carry the same meaning, inasmuch as both refer to the permanent home, but under Private International Law, 'domicile' carries a little different sense and exhibits many facets. In spite of having a permanent home, a person may have a commercial, a political or forensic domicile. 'Domicile' may also take many colours; it may be domicile of origin, domicile of choice, domicile by operation of law or domicile of dependence. In Private International Law domicile' jurisprudentially has a different concept altogether, Union of India v. Dudh Nath Pandey, AIR 2000 SC 525 (532): (2002) 2 SCC 20.In spite of having a permanent home, a person may have a commercial, a political or a forensic domicil, Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.It means a person must have a permanant home in Chandigarh or he has been there for years with the intention to live there permanently or indefinitely, Chandigarh Housing Board v. Gurm...
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Reside
Reside, means dwell permanently or for a considerable time, to have one's settled or usual abode, to live in or at a particular place, Oxford Dictionary.Means dwell permanently or for a considerable time; to have one's settled or usual abode; to live in or at a particular place. The meaning, therefore, covers not only the place where the person has a permanent residence but also the place where the person has resided for a 'considerable time', (Oxford Dictionary). See also Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.Means live, abide, sojourn, stay, remain, lodge. To settle oneself or a thing in a place, to be stationed, to remain or stay, to dwell permanently or continuously, to have a settled abode for a time, to have one's residence or domicile; specifically, to be in residence, to have an abiding place, to be present as an element, to inhere as a quality to be vested as a right, Black's Law Dictionary, 5th Edn. See also Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.Me...
Sab Sudha
Sab Sudha, the use of the words sab sudha in a grant does not cause mineral rights to be included within it, Udai Pratap Nath Sahi Deo v. Jagat Mohan Nath Sahi Deo, AIR 1928 Pat 66....
Nath
hath not...
Abuse of process
Abuse of process, Actions manifestly frivolous or brought against good faith will be stayed as an abuse of the process of the court. See, e.g., Edmunds v. Attorney-General, (1878) 47 LJ Ch 345. As to an action or defence which appears on the Pleadings to be frivolous or vexatious, see R.S.C., Ord. XXV., r. 4, and also VEXATIOUS ACTION and BILL OF PEACE.Second complaint would amount to abuse of process of court where first complaint was dismissed after considering evidence, Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, AIR 1962 SC 876: (1962) 1 Cr LJ 770.Abusing the process of the court is a term generally applied to proceeding which is wanting in bona fides and is frivolous, vexatious, or oppressive. Making use of the process of the Court as a device to help the jurisdiction of a civil court amounts to an abuse of the process of the Court, Narapa Reddy v. Jagarlamudi Chandramouli, AIR 1967 AP 219 (230). (Contempt of Courts Act, 1952, s. 3)...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
Bona fide requirement
Bona fide requirement, the 'bona fide requirement' must be in praesenti and must be manifested in actual need which would evidence the court that it is not a mere fanciful or whimsical desire, Bargain for vote, Deena Nath v. Pooran Mal, (2001) 5 SCC 705 (710): AIR 2001 SC 2655. [M.P. Accommodation Control Act, 1961 (41 of 1961) s. 12(1)(f)]...
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