Procession - Law Dictionary Search Results
Home Dictionary Name: processionProcessing
Processing, in common parlance 'processing' is understood as an action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. 'What is necessary in order to characterise an operation as 'processing' is that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and several other articles which requires preservation by refrigeration are stored. While as a result of long storage, Scientific examination might indicate loss of moisture content that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125.Processing, include the preservation of such products as canning, freezing drying, salting, smoking, peeling or filleting etc., Regional Executive, Kerala Fishermen's Welfare Fund...
due process
due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...
Process and processing
Process and processing, the natural meaning of the word 'process' is a mode of treatment of certain materials in order to produce a good result, a species of activity performed on the subject matter in order to transform or reduce it to a certain stage. According to Oxford Dictionary one of the mean-ings of the word 'process' is 'a continuous and regular action or succession of actions taking place or carried on in a definite manner and leading to the accomplishment of some result.' The activity contemplated by the definition is perfectly general requiring only the continuous or quick succession. It is not one of the requisites that the activity should involve some operation on some material in order to effect its conversion to some particular stage. There is nothing in the natural meaning of the word 'process' to exclude its application to handling. There may be a process which consists only in handling and there may be a process which involves no handling or not merely handling but u...
Manufacturing process
Manufacturing process, means any process for--(i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power; or(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or(vi) preserving or storing any article in cold storage. [Factories Act, 1948 (63 of 1948), s. 2 (k)]It means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedi or cigar or both. [Beedi and Cigar Workers (Conditions of Employment) Act, ...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Mesne process
Mesne process, all those writs which intervene in the progress of a suit or action between its beginning and end, as contradistinguished from primary and final process. Thus, the capias or mesne process was issued after a writ of summons, which was the primary process, and before a capias ad satisfaciendum, which was the final process, or process of execution. See IMPRISONMENT.By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 1, the power of arrest upon mesne process was relaxed, and confined to the case of a debtor about to quit England, and where the amount of the debt was 20l. or upwards; and by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, it is enacted, that 'after the commencement of the Act a person shall not be arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action against the defendant to the amount of 50l. or upwards, and the defendant is about to quit England, and the absence of the defendant from Engla...
Abuse of process
Abuse of process, Actions manifestly frivolous or brought against good faith will be stayed as an abuse of the process of the court. See, e.g., Edmunds v. Attorney-General, (1878) 47 LJ Ch 345. As to an action or defence which appears on the Pleadings to be frivolous or vexatious, see R.S.C., Ord. XXV., r. 4, and also VEXATIOUS ACTION and BILL OF PEACE.Second complaint would amount to abuse of process of court where first complaint was dismissed after considering evidence, Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, AIR 1962 SC 876: (1962) 1 Cr LJ 770.Abusing the process of the court is a term generally applied to proceeding which is wanting in bona fides and is frivolous, vexatious, or oppressive. Making use of the process of the Court as a device to help the jurisdiction of a civil court amounts to an abuse of the process of the Court, Narapa Reddy v. Jagarlamudi Chandramouli, AIR 1967 AP 219 (230). (Contempt of Courts Act, 1952, s. 3)...
process
process 1 : a continuous operation, art, or method esp. in manufacture [whoever invents or discovers any new and useful …may obtain a patent therefor "U.S. Code"] 2 a : procedure see also abuse of process, due process b : a means (as a summons) used to compel a defendant to appear in court ;broadly : a means by which a court acquires or exercises jurisdiction over a person or property see also mesne process compare notice, service NOTE: In civil procedure, service of a summons on a defendant is considered constitutionally sufficient process, although usually a copy of the complaint must also be provided according to the local rule of procedure. ...
Process
Process, includes any practice, treatment and mode of manufacture of any article. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(o)]Is largely taken for all the proceedings in any action or prosecution, real or personal, civil or criminal, from the beginning to the end; strictly, the summons by which one is cited into a Court, because it is the beginning or principal part thereof, by which the rest is directed, Britt. 138.At Common Law the three superior courts at Westminster, in personal actions, differed greatly, before the Uniformity of Process Act, 1832, in their modes of process, and even the same court admitted a considerable variety of methods, according to the circumstances of the case. The ordinary process in Chancery suits was service of a copy of the bill or claim, with an endorsed citation, which required the defendant to appear on a certain day.The process now for the commencement of all actions is the same in all the Divisions of the High Court of Justice, and i...
Vegetable processing
Vegetable processing, the use of the word process-ing is also significant. Processing of vegetable products industry are normally understood in the sense they relate processing of vegetables which even after processing retain its character as vegetable, Saraswati Sugar Mills v. Haryana State Board, (1992) 1 SCC 418: AIR 1992 SC 224 (228)....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial