Provisions - Law Dictionary Search Results
Home Dictionary Name: provisionsUntil other provision is made
Until other provision is made, the provision ins. 14(b) of the 1969 Act is a temporary and transitional provision which continues until other provision is made. The Legislature does not say until other provision is made because the Legislature is always free to legislate. The words 'until other provision is made' mean provision which can be made by the legislature or by the Governor or the executive. The words 'until other provision is made' do not exclusively limit to legislate, N. Lakshmana Rao v. State of Karnataka, (1976) 2 SCC 502: AIR 1975 SC 1646 (1651). [Karnataka Compulsory Primary Education (Amendment and Misc. Provisions) Act, 1969, s. 14(b).]...
Reserve and provision
Reserve and provision, the expression 'reserve' has not been defined in the Act and therefore one would be inclined to resort to its ordinary natural meaning as given in the dictionary but it seems to us that the dictionary meaning, though useful in itself, may not be sufficient, for, the dictionaries do not make any distinction between the two concepts 'reserve' and 'provision' which giving their primary meanings, whereas in the context of the legislation with which we are concerned in the case a clear distinction between the two is implied. According to the dictionaries (both Oxford and Webster) the applicable primary meaning of the word 'reserve' is: 'to keep for future use or enjoyment; to set apart for some propose or end in view; to keep in store for future or special use; to keep in reserve', while 'provision' according to Webster means: 'something provided for future'. In other words according to the dictionary meanings both the words are more or less synonymous and connote the...
Provisions of this Constitution
Provisions of this Constitution, the expression 'provisions of this Constitution relating to' means 'provisions having a dominant and immediate connection with': it does not mean merely having a reference to, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530: (1971) 1 SCC 85: (1971) 3 SCR 9.The words 'provisions of this constitution' cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles. While construing a constitutional provision, such a limitation ought not to be ordinarily inferred unless the context does clearly so require. The provisions of the constitution include the chapter relating to Fundamental Rights, the chapter relating to Directive Principles of State Policy as also the Preamble to the Constitution, S.R. Bonnai v. Union of India, (1994) 3 SCC (I) 220: AIR 1994 SC 1918. [Constitution of India, Article 356 (1)]...
Shall have regard to the provisions of this Act
Shall have regard to the provisions of this Act, words 'shall have regard to the provisions of this Act' merely mean that 'where the new Act has slightly modified or clarified the previous provisions, these modifications and clarifications should be applied', Karam Singh Sobti v. Pratap Chand, AIR 1964 SC 1305: (1964) 4 SCR 647.The expression 'shall have regard to the provisions of this Act' merely means that where the new Act had slightly modified or classified the previous provisions these modifications and clarifications should be applied. These words did not take away what was provided by sub-s. (2) of s. 57 and ordinarily the old Act would apply to pending proceedings, S. Kartar Singh v. Chamanlal, AIR 1969 SC 1288: (1969) 1 SCC 760: (1970) 1 SCR 9....
Subject to other provisions of the Constitution
Subject to other provisions of the Constitution, means that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution of India, the latter shall prevail to the extent of that inconsistency, South India Corporation Pvt. Ltd. v. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207. (See Constitution of India, Art. 372)Subject to other provisions of the Constitution, restrictions or impediments which directly and immediately impede or hamper the free flow of trade, commerce and intercourse fall within the prohibition imposed by Article 301 and subject to the other provisions of the Constitution they may be regarded as void, State of Madras v. N.K. Natarajan Mudaliar, AIR 1969 SC 147 (154). [Constitution of India, Art. 301]...
Provision
Provision, a provision is a distinct rule or principle of law in a statute which governs the situation covered by it. So an incomplete idea, even though stated in the form of a s. of a statute, cannot be said to be a provision for, by its incompleteness, it cannot really be said to provide a whole rule or principle for observance by those concerned. A provision or law cannot therefore be said to exist if it is incomplete, for then it provides nothing, Chettiam Veettil Ammed v. Taluk Land Board, AIR 1979 SC 1573 (1577): (1980) 1 SCC 499....
Specific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Subject to the other provisions of the Constitution
Subject to the other provisions of the Constitution, the expression 'subject to' conveys the idea of a provision yielding place to another provision or other provisions to which it is made subject, South India Corporation (P) Ltd. v. Secretary, Board of Revenue, AIR 1964 SC 207: (1964) 4 SCR 280....
Subject to the provisions of this Act
Subject to the provisions of this Act, the expression 'Subject to the provisions of this Act' merely means that if there are any provisions regulating the Board in the matter of supplying electricity to any person not being a licensee, then the supply by the Board will be subject to those provisions, Mysore State Electricity Board v. Bangalore Woollen Cotton and Silk Mills Ltd., AIR 1963 SC 1128 (1136): 1963 Supp (2) SCR 127. [Electricity (Supply) Act, 1948, s. 49]...
Under the provisions hereinbefore contained
Under the provisions hereinbefore contained, means if the magistrate comes to the conclusion that the accused ought to be committee for trial, he shall commit in accordance with the provisions contained in the earlier part of the Code, Chhadanilal Jain v. State of Uttar Pradesh, AIR 1960 SC 41: (1960) Cr LJ 145.The Magistrate comes to the conclusion that the accused ought to be committed for trial he shall commit in accordance with the provisions contained in the earlier part of the Code namely, in Chapter XVIII. This of course does not mean that the Magistrate must begin over again for the beginning. All that he has to do when he decides that the case ought to be committed is to inform the accused and see that the provisions of Chapter XVIII are complied with so far as they have not been complied with upto the stage at which he decides that there ought to be a commitment. Now the procedure under Chapter XVIII is lad down in ss. 208 to 213 of the Code, Chhadimal Jain v. State of Uttar ...
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