Occur - Law Dictionary Search Results
Home Dictionary Name: occurWhichever event first occurs
Whichever event first occurs, the words 'whichever event first occurs' in sub-cl. (iii) imply that the maximum period for which future mesne profits can be awarded, is three years from the date of the decree for possession and mesne profits, finally passed', Lucy Kochuvareed v. P. Mariappa Gounder, AIR 1979 SC 1214: (1979) 3 SCC 150: (1979) 3 SCR 58. [Civil Procedure Code, 1908, O. 20, R. 12(1) (c) (iii)]...
As far as possible occurring in letters patent
As far as possible occurring in letters patent, are directly and consequently a rule framed by High Court thereunder if inconsistent with the provision of CPC, would prevail over the latter, Iridium India Telecom Ltd. v. Motorola Inc, (2005) 2 SCC 145....
Whenever even first occurs
Whenever even first occurs, imply the maximum period for which future mesne profit can be awarded, is three years from the date of the decree for possession and mesne profit, finally passed, Lucy Kochuvareed v. P. Mariappa Gounder, AIR 1979 SC 1214: (1979) 3 SCC 150....
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Petroleum
Petroleum, includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other shales or other stratified deposits from which oil can be extracted by destructive distillation. [Petroleum (Production) Act, 1934 (UK)]Includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, whether or not it has undergone any processing; but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation. [Pipelines Act, 1962 (UK)]Petroleum, is an oily, inflammable liquid made up mostly of hydrocarbons compounds containing only hydrogen and carbon, the New Bank of Popular Science, Vol. 2; Special Reference No. 1 of 2001, In Re (2004) 4 SCC 489.Means liquid and gaseous hydrocarbons are so intimately associated in nature that it has become customary to shorten the expression 'petroleum and na...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
Includes
Includes, as (i) to have as contents or part of contents; be made up of or contain; (ii) to add as part of something else; put in as part of a set, group or a category (iii) to contain as a secondary or minor ingredient or element, (Collins Dictionary of English Language).Is used in an interpretation clause, it must be construed as comprehending not only such things as they signify according to their nature and import but also those thing which the interpretation clause declares that they shall include, Scientific Engg. House (P) Ltd. v. C.I.T., (1986) 1 SCC 11: 1986 SCC (Tax) 143.The word 'includes' has different meanings in different contexts. Standard Dictionaries assign more than one meaning to the word 'include'. Webster's Dictionary defines the word 'include' as synonymous with 'comprise' or 'contain'. The Illustrated Oxford Dictionary defines the word 'include' as (i) comprise or contain in as a part of a whole; (ii) treat or regard as so included. The Collins Dictionary of Engl...
Liable
Liable, means 'Bound or obliged in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation or restitution..... Obligated: accountable for or chargeable with. Condition of being bound to respond because a wrong has occurred. Condition out of which a legal liability might arise...... Justly or legally responsible or answerable, Black's Law Dictionary, 6th Edn.; see also Zunjarrao Bhikaji Nagarkar v. Union of India, (1999) 7 SCC 409.Means legally bound, subject to a for or penalty under an obligation, Concise Oxford Dictionary; see also Zunjarrao Bhikaji Nagar Kar v. Union of India, (1999) 7 SCC 409.The word 'liable' means a future possibility or probability happening which may or maynot actually occur, State v. Amru Tulsi Ram, AIR 1957 Punj 55.The word 'liable' occurring in many statutes, has been held as not conveying the sense of an absolute obligation or penalty but merely importing a possibility of attracting such obligation, or penalty, eve...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
extrajudicial
extrajudicial 1 : not involving, occurring in, or forming part of a legal proceeding [a creditor's repossession of property] [an investigation] ;esp : out-of-court [an identification] 2 : stemming from something outside of a court proceeding [a judge disqualified for bias that is and not derived from the evidence presented] 3 : occurring or arising outside of the course of judicial duties [a judge's conduct] ex·tra·ju·di·cial·ly adv ...
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