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Home Dictionary Name: notNot proceeding from true source
Not proceeding from true source, 'not proceeding from true source' only mean that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar Adatiya v. Sushila Dixit, AIR 1975 SC 1718 (1721): (1976) 3 SCC 97.--only means that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar v. Sushila, AIR 1975 SC 1718 (1721)....
Not proved
Not proved, a fact is said not to be proved when it is neither proved nor disproved, (Evidence Act, 1872, s. 3)--there is difference between 'not proved' and 'false'. Merely not able to prove cannot be in all cases categorised as false, Abdul Rashid Khan v. P.A.K.A. Shahul Hamid, (2000) 10 SCC 636 (641). [Evidence Act, 1872, s. 3]...
Offence not punishable with death or transporta-tion for life
Offence not punishable with death or transporta-tion for life, the plain meaning of the words 'an offence not punishable with death or transporta-tion for life' is 'an offence not punishable with death or an offence not punishable with transporta-tion for life', State v. Sheo Shanker, AIR 1956 All 326 (327). [U.P. First Offenders Act, (6 of 1938), s. 4]...
The closure of the place of business and not itself
The closure of the place of business and not itself, the distinction between a lockout and a closure has been explained by the decision of this Court in the Management of Express Newspapers Ltd. v. Workers and Staff employed under it, AIR 1963 SC 569: (1963) 3 SCR 540. It was pointed out in that case that in the case of a closure the employer does not merely close down the place of business but he closes the business itself finally and irrevocably. A lock-out on the other hand indicates the closure of the place of business and not closure of the business itself. It is now well-established that in the case of a closure the employer does not merely close down the place of business but he closes the business finally and irrevocably, Tatanagar Foundry Co. Ltd. v. Their Workmen, AIR 1970 SC 1960: (1969) 3 SCC 464: (1970) 3 SCR 8....
To stand or not to stand as a candidate
To stand or not to stand as a candidate, a person who has been or claims to have been duly nominated as a candidate as any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. The first part of the definition requires that in order to be a candidate a person should have been duly nominated as a candidate. But it may sometimes happen that though a person claims to have been duly nominated, the validity of his nomination is in dispute: such a person would also be a candidate within the meaning of the definition. The basic postulate of the first part of the definition is that a person should be duly nominated and it is only then that he becomes a candidate at an election. The second part of the definition does not extend the meaning of the word 'candidate' but merely says from what point of time a person, who has been duly nominated as a candidate, shall be deeme...
not guilty
not guilty 1 : a plea by a criminal defendant who intends to contest the charges compare guilty, nolo contendere NOTE: Under the Federal Rules of Criminal Procedure, if a defendant refuses to plead or if the defendant is a corporation that fails to appear the court must enter a plea of not guilty on the defendant's behalf. 2 : a verdict rendered by a jury acquitting a criminal defendant upon finding that the prosecution has not proven the defendant's guilt beyond a reasonable doubt ...
Not
Wot not know not knows not...
Any person not being the accused
Any person not being the accused, the words 'any person not being the accused' in s. 319 would cover any person who is not already before the Court in the case in which order under s. 319 is passed. It is the duty of the Court to bring before it any person who appears to have committed an offence and to convict and pass an appropriate order of sentence on proof of such person having committed the offence, Jarnail Singh v. State of Haryana, (2003) 9 SCC 328 (332). (Criminal Procedure Code, 1973 s. 319)...
But not thereafter
But not thereafter, As far as the language of s. 34 of the 1996 Act is concerned, the crucial words are 'but not thereafter' used in the proviso to sub-s. (3). This phrase would amount to an express exclusion within the meaning of s. 29(2) of the Limitation Act, and would therefore bar the application of s. 5 of that Act. To hold that the court could entertain an application to set aside the award beyond the extended period under the proviso, would render the phrase 'but not thereafter' wholly otiose, Union of India v. Popular Construction, (2001) 8 SCC 470. [Arbitration and Conciliation Act, 1996, s. 34(3)]...
Contrary to law and not according to law
Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]...
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