Provincial Act - Law Dictionary Search Results
Home Dictionary Name: provincial act Page: 3 Page 3 of about 38 results ( seconds)Transfer of property
Transfer of property, includes a transfer of any interest in property and the creation of any charge upon property. [Provincial Insolvency Act, 1920 (5 of 1920), s. 2 (1) (f)]Section 5 defined 'transfer of property' as meaning 'an Act by which a living person conveys property, in present or in future to one or more other living persons, or to himself, or to himself and one or more other living persons', and 'to transfer property' is to perform such act, Dattatraya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 (809): (1975) 2 SCR 224.In its general sense, the expression 'transfer of property' connotes the passing of rights in the property from one person to another. In one case there may be a passing of the entire bundle of rights from the transferor to the transferee. In another case, the transfer may consist of one of the estates only out of all the estates comprising the totality of rights in the property. In a third case, there may be a reduction of the exclusive interest ...
Government undertaking
Government undertaking, means any industrial undertaking carried on--(i) by a department of the Government, or(ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or(iii) by a Government company as defined in s. 617 of the Companies Act, 1956. [Patents Act, 1970 (39 of 1970), s. 2 (1) (h)]...
All acts theretofore
All acts theretofore, occurring under section 37(1) of the Provincial Insolvency Act will not include the judicial order passed by the court, Tukaram Ramchandra Mane v. Rajaram Bapu Lakule, (1998) 4 SCC 317....
Master of the Faculties
Master of the Faculties, an officer under the archbishop, who grants licences and dispensations, etc. The judge of the provincial Courts of Canterbury and York appointed under s. 7 of the (English) Public Worship Regulation Act, 1874, became ex officio Master of the Faculties on the first vacancy occurring after the passing of that Act....
In accordance with law
In accordance with law, when they used the word 'in accordance with law' in cl. 3 of Schedule 2 of the C.P. and Berar Industrial Disputes Settlement Act, 1947 is used, they did not intend to exclude the law as settled by the Industrial Courts. Provincial Transport Services v. State Industrial Cour,t AIR 1963 SC 114: (1963) 3 SCR 650. [C.P. and Berar Industrial Disputes Settlement Act, 1947 Sch. II, Item 3]...
Take proceedings
Take proceedings, the words 'take proceedings' do not mean 'order proceedings to be taken' because the word 'take' is an English word and we can only ascribe, to it a meaning which it bears in the English language, Mangulal Chunilal v. Manilal Maganlal, AIR 1968 SC 822: (1968) 2 SCR 401. [Bombay Provincial Municipal Corporations Act, 1959 (59 of 1949), s. 481]...
Mutual dealing
Mutual dealing, Mutual Credit or mutual dealings under s. 46, Provincial Insolvency Act, means reciprocal demands which must be naturally terminated in a debt. In a case where there are reciprocal demands available by one party against the other in the same capacity, it is a clear case of mutual dealings, in which a set-off is a matter of course, H. Naik v. Panchanan Das, ILR 1952 Cut 307; see also Aiyar's Judicial Dictionary, 11th Edn., 1992, p. 782....
Opinion of the provincial government
Opinion of the provincial government, the words 'opinion of the provincial Government' appearing in the beginning of s. 5 signify the subjective opinion of the Government and not an opinion subject to the objective tests, Lilavati Bai v. State of Bombay, AIR 1957 SC 521 (527): 1957 SCR 721. [Bombay Land Requisition Act, 1948 (33 of 1948), s. 5]...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Sale of goods
Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
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