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Regulate

Regulate, does not include 'prohibition', Asoke Chowdhury v. State of West Bengal, AIR 2007 Cal 176. Regulate, includes prohibition, K. Ramanathan v. State of Tamil Nadu,

Procedure established by law

7): 'We must reiterate here what was pointed out by the majority in E.P. Royappa v. State of Tamil Nadu, (1974) 2 SCR 348: (1974) 4 SCC 3: 1974 SCC (L&S) 165, namely, that 'from a positivistic … Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27. In India as in UK, the legislature is free to lay

Subject to

to, is an expression whereby limitation is expressed. The order is conclusive for all purposes, Ashok Leyland Ltd. v. State of Tamil Nadu, (2004) 3 SCC 1: (2004) 1 SCALE 224. Means 'under the condition that: we

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Minerals

earth which may be garnered and exploited for profit, V.P. Pithupitehai v. Special Secy. to the Government of Tamil Nadu, (2003) 9 SCC 634: AIR 2003 SC 2455. [Mines and Minerals (Regulation and Development) Act (67 of … operation and includes mineral oils. [Mines Act, 1952, s. 2(jj)] This term may include all substances of commercial value which can be got from beneath the earth, either by mining or quarrying, except common clay [Glasgow v.

Service

impose full assessment on Inam lands hitherto wholly or partly exempt from levy of land revenue, Government of Tamil Nadu v. Ahobila Matam, AIR 1987 SC 245: (1987) 1 SCC 38: (1987) 1 SCR 222. The word … if aggrieved, seek redress in a higher forum in the manner prescribed by law, Commissioner of Sales Tax v. MangalSen Shyam Lal, AIR 1975 SC 1106 (1110): (1975) 4 SCC 35: (1975) Supp SCR 58. [U.P. Sales

Estate

again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the

Constitution

the people of India to themselves. The said Constitution occupies the primary place, B.R. Kapur v. State of Tamil Nadu, (2001) 7 SCC 231 (310). Is the laws and usages which govern its characteristic features, A Dictionary … of 'Constitution' and 'organisation' of the Supreme Court and High Court nests with Parliament alone, Jamshed N. Guzdar v. State of Maharashtra, (2005) 2 SCC 59. Constitution is the mechanism under which the laws are to be

Habitual criminal

persistently and prima facie there should be continuity in commission of those offences, R. Kalavathi v. State of Tamil Nadu, (2006) 6 SCC 14: (2006) 6 JT 69: (2006) 6 SCALE 385: (2006) 5 Supreme 116: (2006) … prima facie there should be a continuity in the commission of those offences, Ayub Pappubhan Navab Khan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti Social Activities Act

Incidental

378. 'A thing is incidental to another if it merely appertains to something else as primary, State of Tamil Nadu v. Binny Ltd., AIR 1980 SC 2038 (2040): (1980) Supp SCC 686. [T.N. General Sales Tax Act, … being an incident; casual; hence, secondary or minor, but usually associated', Delhi Cloth and General Mills Co. Ltd. v. The Workmen, AIR 1967 SC 469: (1967) 1 SCR 882. Incidental, The expression 'Incidental' may mean differently in

Carries on business

a class of goods and the transactions must ordinarily be entered into with a profit motive, State of Tamil Nadu v. Board of Trustees of the Port of Madras, (1999) 4 SCC 630. Means business carried on … whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300] Carries on business, as enumerated

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