Prescribe - Law Dictionary Search Results
Home Dictionary Name: prescribe Page: 2Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Ruler
Ruler, art. 366(22) defines a 'Ruler' in relation to an Indian State as meaning the Prince, Chief, or other person by whom any such covenant or agreement as is referred to in clause (1) of Art. 291 was entered into and who for the time being is recognised by the President as the Ruler of the State, and includes any person who for the time being is recognised by the President as the successor of such Ruler. There is no substance in the contention that the impugned Act is void because the definition of the word 'ruler' is inconsistent with Article 366(22) of the Constitution. There is no doubt that the definition of the word 'Ruler' prescribed by s. 2(h) of Act is wider than that prescribed by Art. 366(22). The definitions prescribed by Article 366 are intended for the purpose of interpreting the articles in the Constitution itself, unless the context otherwise requires. The whole object of defining the word 'ruler' in the Act is to specify and described the lands in respect of which the...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Turnover of sales
Turnover of sales, in relation to any period, means the aggregate of the sale prices or parts of sale-prices received or receivable by a dealer in respect of sales of goods made during such period after deducting therefrom the amounts, if any, refunded by the dealer in respect of any such goods returned or rejected by the purchaser within three months from date of delivery of such goods. [West Bengal Value Added Tax Act, 2003, s. 2(55)]Means the aggregate of the amounts of sale price received and receivable by a dealer in respect of any sale of goods made during a given period after deducting the amount of sale price, if any, refunded by the dealer to purchaser, in respect of any goods purchased and returned by the purchaser within the prescribed period. [Gujarat Value Added Tax Act, 2003, s. 2(33)]Means the aggregate of the amounts of sale price received and receivable by a dealer in respect of any sale of goods made during a given period after deducing the amount of:(a) sale price, i...
Within such period
Within such period, means within the period which ends with the last day of limitation prescribed. In other wards, in all cases falling under s. 5 what the party has to show is why he did not file an appeal on the last day of limitation prescribed. That may inevitably mean that the party will have to show sufficient cause not only for not filing the appeal on the last day but to explain the delay made thereafter day by day. In other words, in showing sufficient cause for condoning the delay the party may be called upon to explain for the whole of the delay covered by the period between the last day prescribed for filing the appeal and the day on which the appeal is filed. To hold that the expression 'within such period' means during such period would, be repugnant in the context, Ram Lal v. Rewa Coalifieds Ltd., AIR 1962 SC 361 (364): (1962) 2 SCR 762. (Limitation Act, 1963, s. 5)...
Regulating
Regulating, the word 'regulating' in s. 33(1)(o) of Bombay Police Act, 1951 would include the power to prescribe that permission in writing should be taken a few days before the holding of a meeting on a public street. Under s. 33(1)(o) no rule could be prescribed prohibiting all meetings or processions, Himat Lal K. Shah v. Commissioner of Police, AIR 1973 SC 87 (98): (1973) 1 SCC 227: (1973) 2 SCR 266. [Bombay Police Act, 1951, s. 33(1)(o)]...
prescriptive
prescriptive 1 : serving to prescribe [ rules] 2 : acquired by, founded on, or constituting prescription [a right] [a longer period] ...
While disposing of the appeal
While disposing of the appeal, reference or revision, the change in phrasology clearly suggests that Parliament did not intend to prescribe any limitation on the powers of the appellate Court or revisional Court; the words are not 'when convicting' or 'when upholding the conviction' but the words are while disposing of the appeal, reference or revision' and these would mean in continuation of the disposal of the appeal, reference or revision and these words cannot be regarded as importing a limitation on the power to the effect that such order must be incorporated in the body of the judgment disposing of the appeal, reference or revision, H.P. Gupta v. Manohar Lal, AIR 1979 SC 443: (1979) 2 SCC 486: (1979) 2 SCR 208. [Criminal Procedure Code, 1973, s. 456(2)]...
Toll-traverse
Toll-traverse, is a toll taken in respect of the original ownership of the land crossed by the public the land having been at the date of the grant the grantee's private property, and having been then dedicated by him to the public in consideration of the toll to be taken, Halsbury's Laws of England, 4th Edn., p. 96, para. 138.Toll-traverse, or Travers, toll taken for every beast driven across a man's land. He may prescribe and distrain for it via regia, Cro. Eliz. 710....
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