Otherwise Directed - Law Dictionary Search Results
Home Dictionary Name: otherwise directedOtherwise directed
Otherwise directed, expression 'otherwise directed' only means that the appellate authority can ask the assessee to deposit a portion of the amount and not the whole but the section gives no power to the appellate authority to permit the assessee to furnish security in lieu of cash amount of tax, Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724: (1969) 2 SCR 261. [Assam Sales Tax Act, 1947 (17 of 1947), s. 30(1)]...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Nonsuit
Nonsuit [non est prosecutus, Lat.]. The judge orders a nonsuit when the plaintiff fails to make out a legal cause of action or fails to support his pleadings by any evidence; whether the evidence which he gives can be considered any evidence at all of a cause of action is a question of law for the judge. By the former practice a plaintiff after a nonsuit might, on paying all costs, recommence his action; by the Rules of 1875 any judgment of nonsuit, unless the court or a judge should otherwise direct, had the same effect as judgment upon the merits for the defendant (English) Jud. Act, 1875, Ord. XLI., r. 6]; but this rule has been rescinded, and it is not reproduced. A plaintiff cannot now elect to be nonsuited, and if he offers no evidence it is the duty of the court to direct the jury to find a verdict for the defendant, and the usual consequences of such verdict will follow, Fox v. Star Newspaper Co., 1900 AC 19; but a judge cannot order a nonsuit on plaintiff's opening without the...
Save as otherwise provided by or under the Act
Save as otherwise provided by or under the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3) of Motor Vehicles Act, 1939 should be construed in a harmonious manner so that sub-clause (b) is not reduced to a nullity. The expression 'save as otherwise provided by or under the Act' would in the context mean, 'save as otherwise expressly barred by or under the Act'. If there is a provision which expressly debars the exercise of the power under sub-clause (b) in any case then only the State Transport Authority will not be able to exercise the powers and discharge the functions given in sub-clause (b). Otherwise there would be no such bar, State of Rajasthan v. Noor Mohammad, AIR 1973 SC 2729 (2732): (1972) 2 SCC 454: (1973) 1 SCR 841. [Motor Vehicles Act, 1939, s. 44(3)(b)]...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Or is otherwise unfit for human consumption
Or is otherwise unfit for human consumption, the words 'or' is otherwise unfit for human consumption are disjunctive of the rest of the words preceding them. It relates to a distinct and separate class altogether. The clause 'or is otherwise unfit for human consumption' is residuary provision which would apply to a case not covered by or falling squarely within the clauses preceding it. If the phrase is to be read disjunctively the mere proof of the article of food being 'filthy, putrid, rotten,decomposed.... or insect infested' would be per se sufficient to bring within the purview of theword 'adulterated' as defined in sub-clause (f) and it would not be necessary in such a case toprove further that the article of food was unfit for human consumption, Municipal Corporation v. Tek Chand Bhatia, (1980) 1 SCC 158: AIR 1980 SC 360 (362). [Prevention of Food Adulteration Act, 1954, s. 2(1)(f)]...
Otherwise dealt with
Otherwise dealt with, the words 'otherwise dealt with' does not necessarily mean something which is not included in the investigation inquiry or trial and the words 'otherwise' points to the fact that the expression 'dealt with' is all comprehensive and that investigation inquiry and trial are some of the aspects dealing with the offence, State of Punjab v. Balbir Singh, AIR 1994 SC 1872. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 50)]...
Save as otherwise expressly provided in this Act
Save as otherwise expressly provided in this Act, s. 10 of the Maintenance of Internal Security Act opens with the words 'save as otherwise expressly provided in this Act'. These words mean that the s. would apply only to cases not expressly provided for in the Act, that is to say, it would not apply to cases falling under ss. 17 and 17-A which deal with cases 'otherwise expressly provided' in the Act, Sambhu Nath Sarkar v. State of West Bengal, AIR 1973 SC 1425: (1973) 1 SCC 856: (1974) 1 SCR 1....
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