out of - Page 3 - Law Dictionary

Question of law arising out of such order

Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...

Paid out of the consolidated fund

Paid out of the consolidated fund, the words 'paid out of the consolidated fund' denote the source from which the expenditure will be met, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530: (1971) 1 SCC 85: (1971) 3 SCR 9....

Out of funds in his possession

Out of funds in his possession, the words 'out of funds in his possession' in s. 10(2)(n) of the act show that it would be attracted only where funds are relying with the custodian, Custodian of Evacuee Property v. Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557 (2560). [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...

Out of court

Out of court, deprived of all right to have one's case so much as considered by the court. A plaintiff in an action at Common Law must have declared within one year after the service of a writ of summons, otherwise he was out of court, unless the court had, by special order, enlarged the time for declaring....

Take out of keeping of the lawful guardian

Take out of keeping of the lawful guardian, taking or enticing away a minor out of the keeping of a lawful guardian is an essential ingredient of the offence of kidnapping, S. Vardarajan v. State of Madras, AIR 1965 SC 942: (1965) 1 SCR 243. [Indian Penal Code, s. 361]...

In his name and let out by him

In his name and let out by him, clearly convey the idea that the premises must be owned by him directly and the lease must be under him directly, which is the case where he, as heir, steps into his father's shoes who owned the building in his own name and let it out himself, Kanta Goel v. B.P. Pathak, AIR 1977 SC 1599 (1601): (1977) 2 SCC 814. [Delhi Rent Control Act, 1958, s. 14A(1) Proviso]...

Cut-out

Cut-out, means any appliance for automatically interrupting the transmission or energy through any conductor when the current rises above a pre-determined amount, and shall also include fusible cut-out. [Indian Electricity Rules, 1956, s. 2 (1) (n)]...

Out Of - Law Dictionary Search Results