Obtaining - Law Dictionary Search Results
Home Dictionary Name: obtainingFalse pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
Obtained
Obtained, The word 'obtained' would indicate achievement by exertion in spite of opposition. Hence a dissolution of marriage obtained through the coercive process of civil court would be covered. The word 'obtained' may well be used in the sense of 'procured with effort and would certainly describe correctly a situation where something is achieved by a person through his exertion in spite of opposition from others. According to Webster, again, the word' obtain 'signifies: (a) to gain or attain possession or disposal of, usually by some planned action or method. (b) to bring about or call into being, etc., Mst. Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243 (1252): (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (2 of 1974), s. 125(1)]...
Stolen property or property fraudulently obtained
Stolen property or property fraudulently obtained, the words 'stolen property or property fraudu-lently obtained' merely denote the attribute or characteristic of the property. If the property is capable of being described as 'stolen property' or 'property fraudulently obtained' by whomsoever it might have been stolen or fraudulently obtained, that would be sufficient to comply with the requirements of the s.. The s. merely speaks of the character of the property - whether it satisfies the particular description and does not say by whom it should have been stolen or fraudulently obtained, Champaklal Ganeshmal v. State of Maharashtra, AIR 1975 SC 160 (162): (1975) 3 SCC 485: (1975) 3 SCR 584. [Bombay Police Act (22 of 1951), s. 124]...
Obtain
Obtain, 'obtain' means to secure or gain (some-thing) as the result of request or effort (Shorter Oxford Dictionary). In case of obtainment the initiative vests in the person who receives and in that context a demand or request from him will be a primary requisite for an offence u/s. 5(1)(d) of the Act unlike an offence u/s. 161 IPC; C.K. Damodaran Nair v. Govt. of India, AIR 1997 SC 551 (554): (1997) 9 SCC 477....
Obtain maintenance from
Obtain maintenance from, the word 'obtain' as used in the proviso is also, in court opinion, significant. It does not merely mean that the widow is somehow managing to live with or is being maintained by her father or mother or that her father or mother are somehow managing to save their widowed daughter from starvation, for if this were to be the meaning placed on the word 'obtain', then, apparently, the basic and main purpose and object of the Hindu Adoptions and Maintenance Act would be thwarted rather than advanced, Jal Kaur v. Pala Singh, AIR 1961 Punj 391 (395). (Hindu Adoptions and Maintenance Act, 1956, s. 19 Proviso)...
Obtaining
Obtaining, the word 'obtaining' connotes an element of effort on the part of the suitor or the applicant, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6) (FB). (Limitation Act, 1963, s. 12, Expln.)...
Obtaining minerals
Obtaining minerals, the word 'obtain' is used to cover the various processes necessary to get the mineral and would include the processes covered by the expressions 'winning', 'working', getting, etc., M/s. Gujarat Pottery Works Private Ltd. v. B.P. Sood, AIR 1967 SC 964. [Mines and Minerals (Regulation and Development) Act, 1948, s. 3(b)]...
Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
Obtain
To gain or have a firm footing to be recognized or established to become prevalent or general to prevail as the custom obtains of going to the seashore in summer...
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