Open Court - Law Dictionary Search Results
Part
Part, 'part' does not necessarily mean a substantial part and that it will be open to the court in every case which comes up before it to examine whether the contribution made by the State satisfies the requirement of the law; Somawanti v. State of Punjab, AIR 1963 SC 151 (169). [Land Acquistion Act, 1894, s. 6(1) Proviso]The word 'part' must mean an appreciable amount and not an insignificant one. The 'part' in other words, must be substantial part. What is substantial would depend upon the facts and circumstances of each case, Municipal Corporation of Delhi v. Children Book Trust, (1992) 3 SCC 390 AIR 1992 SC 1456 (1471). [Delhi Municipal Corporation Act, 1957 (66 of 1957), s. 115 (4)(a), proviso]Means a Part of this Constitution. [Constitution of India, Art. 366(16)]Shall mean a Part of the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897), s. 3(40)]...
Party
Party, a guardian instituting suit on behalf of a minor is not a 'party' within the meaning of section 195(1)(c) of Criminal Procedure Code against whom a complaint can be directed to be issued by an order under section 476 of Cr. P.C., 1898, for using a false document in support of the suit claims, though it would, however, be open to the court to proceed against him under section 193 of Indian Penal Code; Rayalla Ramappa (in re:), AIR 1944 Mad 528; Magna Leasing Ltd. v. NEPC MICON Ltd., AIR 1998 Cal 94.The expression 'party' occurring in s. 439(5), Criminal Procedure Code., includes not only private parties, but also the State if it happens to be the party as in police cases. State v K. Lachman Murty, AIR 1958 Ori 204....
Has reason to believe
Has reason to believe, the expression 'reason to believe' in s. 34 does not mean purely subjective satisfaction on the part of the Income Tax Officer. The belief must be held in good faith: it cannot be merely a pretence. It is open to the Court to examine whether the reasons for the belief have a rational connection or a relevant bearing to the formation of the belief and are not extraneous or irrelevant to the purpose of the section, M.P. Industries Ltd. v. ITO, (1970) 2 SCC 32 (37): AIR 1970 SC 1011. (Indian Income-tax Act, 1922, s. 34)...
Holiday, or Holyday
Holiday, or Holyday, a feast day with cessation from labour, as by 5 & 6 Edw. 6, c. 3, all Sundays in the year and also Christmas-day and other days by that Act commanded 'to be kepte holie dayes and none other.'By R.S.C. 1883, Ord. LXIII., r. 6, it is provided that the several offices of the Supreme Court shall be open on every day of the year except Sundays, Good Friday, Monday and Tuesday in Easter-week, Whit Monday, the first Monday in August, Christmas-day and the next following working day, and all days appointed by proclamation to be observed as days of general fast, humiliation, or thanksgiving; and the day appointed to be kept as the King's birthday. See also VACATION.The Bank Holidays Act, 1871 (34 & 35 Vict. c. 17), provides that Easter Monday, the Monday in Whitsun-week, the first Monday in August, and the 26th day of December, if a week day, shall be kept as bank holidays in England and Ireland, and New Year's day, Christmas-day (or, if either be a Sunday, the following da...
Triverbial days
Triverbial days [dies fasti,Lat.], judicial days, when the Courts are open for business; so called from the three words, do, dico, and addico....
break
break broke [brōk] bro·ken [brō-kən] break·ing [brā-ki] vt 1 a : violate transgress [ the law] b : to invalidate (a will) by a court proceeding 2 a : to open (another's real property) by force or without privilege (as consent) for entry often used in the phrase break and enter [one who s and enters a dwelling-house of another "W. R. LaFave and A. W. Scott, Jr."] b : to escape by force from [s prison or escapes or flees from justice "Colorado Revised Statutes"] 3 : to cause (a strike) to fail and discontinue by means (as force) other than bargaining vi : to escape with forceful effort often used with out [prisoners wounded while attempting to out] break in·to : to enter by force or without privilege [an officer may break into a building "Arizona Revised Statutes"] ...
Moot hill
A hill of meeting or council an elevated place in the open air where public assemblies or courts were held by the Saxons called in Scotland mute hill...
VerbarRetraxit
The withdrawing or open renunciation of a suit in court by the plaintiff by which he forever lost his right of action...
Fair and equitable
Fair and equitable, The words 'fair' and 'equitable' both mean 'just or unbiased' (see the Concise Oxford Dictionary, 4th Edn., p. 426 and p. 402). The words 'fair and equitable' must be given their due meaning and proper effect. The question then asked is - what meaning is to be given to the words 'such.......... as the lessor shall determine'. It is indeed true that these words constitute an adjectival clause to the expression 'fair and equitable enhancement', but we consider that the meaning of the adjectival clause is merely this: the lessor must first determine what it considers to be fair and equitable enhancement; but if in fact it is not so, it is open to the lessee to ask the Court to determine what is fair and equitable enhancement, Damodhar Tukaram Mangalmurti v. State of Bombay, AIR 1959 SC 639 (642): (1959) Supp 2 SCR 180....
For
For, the expression 'for' occurs twice in the opening part of the clause17(ii) of the Court-Fees Act. Evidently the expression 'for' when it occurs for the first time means 'for obtaining a decree ordering (payment or recovery for). A decree for declaration of title to money or other property is not a decree for money or other property. The expression 'decree for money or other property' means only a decree for recovery of money or other property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, AIR 1971 SC 87: (1970) 1 SCC 80: (1970) 2 SCR 588.'For' used with the active participle of a verb means 'For the purpose of' (See judgment of Westbury C., 1127) 'For' has many shades of meaning. It connotes the end with reference to which anything is done. It also bears the sense of 'appropriate' or 'adapted to'; 'suitable to purpose'; vide Black's Legal Dictionary, Indian Chamber of Commerce v. C.I.T., AIR 1976 SC 348: (1976...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »