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Previous conviction

Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...


In the course of such previous year

In the course of such previous year, 'in the course of such previous year' would, refer to the period commencing with the beginning of the previous year and termination with the end of the previous year. 'In the course of such previous year', would necessarily mean that free transferability of the shares by the holders to other members of the public should be present throughout the previous year, CIT v. East West Import and Export (P) Ltd., AIR 1989 SC 836 (838): (1989) 1 SCC 760. (Income-tax Act, 1922, s. 23A Expln.)...


Prior or previous

Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.The word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it but there are no such compelling circumstances justifying reading any such implication into s. 29(1). On the other hand, the indications are all to the contrary. On a perusal of the several, different sections of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1) and 30, it is to be seen that the expression 'permission' is qualified by the word 'previous' and in ss. 8(1), 8(2) and 31, the expression 'general or special permission' is qualified by the word 'previous', whereas in s.s 13(2), 19(1), 19(4), 20, 21...


Previous

Going before in time being or happening before something else antecedent prior as previous arrangements a previous illness...


Has been previously issued

Has been previously issued, The words 'has been previously made' do not merely connote the issuing of a notification before the Bihar Town Planning & Improvement Trust Act, 1951 was passed but include all notifications made prior or anterior to the first publication of a notice of an improvement scheme under s. 46 of the Land Acquisition Act, 1894, Patna Improvement Trust v. Lakshmi Devi, AIR 1963 SC 1077 (1080): (1963) Supp 2 SCR 812. [Bihar Town Planning and Improve-ment Trust Act, 1951 (35 of 1951), Sch. Cl. 2(1)]...


Previous year

Previous year, the expression 'previous years' in s. 2(6A)(c) of the Income Tax Act, 1922 was meant the financial years preceding the year in which liquidation took place. Dhandhania Kedia and Co. v Commissioner of Income Tax, AIR 1959 SC 219 (221): (1959) Supp 1 SCR 204. [Incom Tax Act, 1922, s. 2(11)]...


Year previous

Year previous, the expression 'previous year' in s. 2(6A)(c) of the Income Tax Act, 1922 was meant the financial year preceding the year in which liquidation took place, Dhandhania Kedia and Co. v. CIT, AIR 1959 SC 219 (222): (1959) Supp 1 SCR 204....


Previously

Beforehand antecedently as a plan previously formed...


Previousness

The quality or state of being previous priority or antecedence in time...


Conviction

Conviction, the act of a legal tribunal adjudging a person guilty of a criminal offence. Thus a person will have been 'convicted' even though no punishment follows, e.g., where he is let out on his own recognizances to come up for judgment when called on, R. v. Blaby, (1894) 2 QB 170. As to the powers of justices to convict summarily, see the Summary Jurisdiction Acts of 1848 and 1879, amended by the Criminal Justice Administration Act, 1914, (English) Criminal Justice Act, 1925, and the Summary Jurisdiction Rules of 1886. Schedule to (English) Summary Jurisdiction Rules, 1915, and Summary Jurisdiction Rules,1932, 1933. Consult Paley on Summary Convictions.When a person previously convicted is tried for a subsequent offence, proof of his previous con-viction cannot be given until after a finding of guilty of such subsequent offence, unless evidence of his good character be given.-(English) Previous Conviction Act, 1836, (6 & 7 Wm. 4, c. 111); Larceny Act,1861, s. 116. A previous convic...


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