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prescribe

prescribe pre·scribed pre·scrib·ing vi 1 : to claim title or a right to something (as an easement) by prescription [a precarious possessor cannot against the owner] 2 in the civil law of Louisiana : to become unenforceable or invalid by prescription [any party having an interest in a money judgment may have it revived before it s "Louisiana Civil Code"] vt 1 : to lay down as a rule or guide : specify with authority [the times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof "U.S. Constitution art. I"] 2 in the civil law of Louisiana : to invalidate or bar the enforcement of by prescription [this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor "Louisiana Civil Code"] ...


As may be prescribed

As may be prescribed, the words 'as may be prescribed' in s. 124 A of the Act is to be understood as to mean 'as may be prescribed from time to time', Rathi Menon v. Union of India, (2001) 3 SCC 714: AIR 2001 SC 1333 (1336). (Railways Act, 1989, s. 124A)...


Prescriber

One who prescribes...


Period of limitation

Period of limitation, connotes the period of years, months or days prescribed by law impassing limitation. It does not refer to a period after expiry of which no proceedings can be instituted, District Collector, Kottayam v. Cheriyan Marriamna, (1969) Ker LT 748.Means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act. [Limitation Act, 1963 (36 of 1963), s. 2 (j)]The 'period of limitation' is defined in s. 2(j) of the Limitation Act, 1963, and 'means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act'. Whenever, therefore, under s. 12 a prescribed period of limitation has to be computed certain days are permitted to be excluded in order that a person who desires to appeal is not put to any incon...


Colonial Attorneys Relief Acts (English)

Colonial Attorneys Relief Acts (English), 1857, 1874, and 1884 (20 & 21 Vict. c. 39, 37 & 38 Vict. c. 41, and 47 & 48 Vict. c. 24). These Acts provided for the admission, to practise as solicitors in the Supreme Court in England, of all persons, being subjects of the British Crown, who have been duly admitted and enrolled as attorneys and solicitors in any colony. These Acts were repealed by the Colonial Solicitors Act, 1900 (63 & 64 Vict. c. 14), which was in turn repealed by the Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), and s. 35 enacts:-(1) A solicitor of a Superior Court in a British possession to which this section applies who has been in practice before such Court for not less than three years may-(a) on giving due notice and the prescribed proof of his qualification and good character; and(b) on passing the prescribed examination or, in the prescribed cases, without examination; and(c) after service under Articles during the prescribed period or, in the prescribed cases, wit...


Proceeding

Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...


Turnover of purchases

Turnover of purchases, in relation to any period, means:(a) in the case of the occupier of a jute-mill, the aggregate of the purchase prices or parts of purchase prices payable by such occupier for the quantities of raw jute purchased by him during such period after deducting the amounts, if any, refunded to him by the seller during such period in respect of any quantity of raw jute returned to the seller within ninety days from the date of its purchase and such other amounts as may be prescribed.(b) in the case of a shipper of jute, the aggregate of the purchase price or parts of purchase price payable by such shipper of jute in respect of the quantities of raw jute purchase by him in West Bengal and dispatched by him during such period to any place outside West Bengal by any means of transit.(c) in case of any dealer liable to pay tax under s. 12 or s. 13, the aggregate of the purchase price or parts of purchase price payable by such dealer in respect of the goods, prescribed under t...


Fiscal indicators

Fiscal indicators, means such indicators as may be prescribed in either absolutes (in Rupees Crore) or as proportions to the Gross State Domestic Product or other magnitudes for the fiscal indicators, Rajasthan Agricultural Produce Markets Act, 2005, s. 2(g).Means such indicators as may be prescribed for evaluation of the fiscal position of the State Government, Rajasthan Fiscal Responsibility and Budget Management Act, 2005, s. 2(g).Means the measures such as numerical ceilings and proportions to gross state domestic product, as may be prescribed, for evaluation of the fiscal position of the State Government, Gujarat Fiscal Responsibility and Budgetary Management Act, 2005, s. 2(d).Means the measures such as numerical ceilings, as may be prescribed, for evaluation of the fiscal position of the State Government, Maharashtra Fiscal Responsibility and Budgetary Management Act, 2005, s. 2(d).Means the measures such as numerical ceilings and proportion to gross domestic product, as may be ...


Perpetuity

Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...


Regulation

Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...


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