Pursuance - Law Dictionary Search Results
Home Dictionary Name: pursuanceIn pursuance of
In pursuance of, 'in pursuance of' would mean under the authority of or by virtue of or in the course of carrying out in accordance with the scheme or plan or direction or order or anything in consequence or conformable to or according to; act of pursuing, carrying out and performance, prosecution, Aircraft Employees' Housing Co-op. Society Ltd. v. Secy. Rural Development and Panchayat Raj, AIR 1996 SC 3501 (3503): (1996) 11 SCC 475. [Land Acquisition Act, (1 of 1984), s. 6(1), Expl. I.]In pursuance of used in a notification do not mean what would be conveyed in exercise of powers conferred by. Thus it may appropriately, in parti-cular case, mean 'conformable to' or in accordance with, Sadaria v. Rajasthan Board of Revenue, 1954 Raj 224 (DB)....
Pursuance
Pursuance, prosecution, process....
Foreign award
Foreign award, an award in pursuance of an arbitration agreement governed by India Law, if the conditions under s. 44 are satisfied, will not cease to be a foreign award, merely because the arbitration agreement is governed by the law of India, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507: 2006 (5) SCALE 535: 2006 (6) Supreme 519: 2006 (4) SCJ 217: 2006 (7) SCJD 112: 2006 (20 Arb LR 547. [Arbitration and Conciliation Act, 1996, s. 44 & 2(e)]An award made outside India, even if governed by Indian Law, may be a foreign award but it must satisfy two conditions, viz., that it is made (i) in pursuance of an agreement in writing for arbitration to which the New York Convention applies, and (ii) in one of such territories which the Central Government has notified in the Official Gazette to be a territory to which the New York Convention applies, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507:...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Approved schools
Approved schools. These schools are schools intended for the education and training of persons to be sent there in pursuance of the Children and Young Persons Act, 1933 (see s. 79(1) and approved by the Secretary of State. They are regulated by ss. 79-83 of that Act. Local authorities may under certain circumstances undertake the purchase, establishment, building, alteration, enlargement, rebuilding or management of an approved school (s. 80). The Secretary of State may classify approved schools as he thinks best calculated to secure that a person sent to an approved school is sent to the school appropriate to his case. With certain exceptions the managers of an approved school are bound to accept any person sent there in pursuance of the Act (s. 81). The expression 'approved school' was first used in the Children and Young Persons Act, 1932, which was declared to apply in relation to a school which at the commencement of this Act is a certified reformatory school or a certified indust...
Bonded labour system
Bonded labour system, means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect than,-(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or(ii) in pursuance of any customary or social obligation, or(iii) in pursuance of an obligation devolving on him by succession, or(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or(v) by reason of his birth in any particular caste or community,- he would-(1) render, by himself for through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, o...
His return of income
His return of income, the expression 'his return of income' occurring in Rule 5 of the U.P. Agricultural Income Tax Rules, 1949 would apply to any of the returns contemplated under s. 15 of the U.P. Agricultural Income Tax Act, 1948, namely, (1) a return filed in pursuance of the general notice issued and published by the Collector under s. 15(1), (2) a return filed by the Principal Officer of a Company under s. 15(2) read with Rule 21, (3) a return filed in pursuance of individual notice served upon an assesses by the Assessing Authority under s. 15(3), and (4) a return or a revised return filed by an assesses under s. 15(4), provided that in the first three cases the return is filed within the time specified in the notice or the rule or within the extended time granted by the Assessing Authority and in the last case the revised return is filed on account of discovery of a wrong statement in the previous return and is filed before the assessment is complete, Delhi Cloth & General Mill...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Notice of action
Notice of action. By numerous Statutes-e.g., by the (English) Poor Law Amendment Act, 1834 (4 & 5 Wm. 4, c. 76-both public and private, it was enacted that no action should be brought against persons, acting in pursuance of these statutes, until the expiration of a certain time after notice in writing had been given to the defendant that such action would be brought; but by the (English) Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61 (see PUBLIC AUTHORITIES), so much of any public general Act as enacts that, in any proceeding to which that Act applies (i.e., in any proceeding against any person for any act done in pursuance of any Act of Parliament, etc.), notice of action is to be given, is repealed....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial