Rais In - Law Dictionary Search Results
Home Dictionary Name: rais inMay
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
Patent error
Patent error, a patent error is an error which is self-evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent, Surya Dev Rai v. Ram Chander Rai, AIR 2003 SC 3044 (3056): (2003) 6 SCC 675; see also Ranjeet Singh v. Ravi Prakash, (2004) 3 SCC 682.Means apparent mistakes; such errors can be seen on the face of an instrument, Dictionary of Constitutional and Parliamentary Terms, Lok Sabha Secretariat, 2nd Edn., 2005, p. 322....
Whoever
Whoever, includes association of persons, such as firm, and does not connote natural person alone, M/s Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364.The word 'whoever' in sub-s. (1) of s. 23 of the Foreign Exchange Regulation Act, 1947 before its amendment was comprehensive enough to include an association of persons, such as a firm, and did not connote a natural person alone, Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364 (1367): (1987) 3 SCC 27: (1987) 3 SCR 137. [Foreign Exchange Regulation Act, 1947, s. 23(1), 239c), 12(c) (as stood prior to the Amendment Act, 39 of 1957]The word 'whoever' occurring at the opening part of s. 202 of the Penal Code refers to a person other than the offender and has no application to the person who is alleged to have committed the principal offence. This is so because there is no law which casts a duty on a criminal to give information which would incriminate himself. That apart ...
Without prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a...
Rais
Same as 2d Reis...
Fixed fee
Fixed fee, the term 'licence fee' or the term 'fixed fee' in the context of the Uttar Pradesh Excise Act, the Ordinance with its preamble and the Excise (Amendment) Rules, connotes the idea of payment of a sum by a person to the grantor of a licence as consideration for conferring upon such person by the grant of shop-licence, the exclusive privilege or right to carry on certain activities in respect of country liquor, or foreign liquor or intoxicating drug, within any local area of Uttar Pradesh State, the carrying of which activities would have been otherwise the exclusive privilege or right of the grantor (Government), State of Uttar Pradesh v. Sheopat Rai, 1994 Supp (1) SCC 8: AIR 1994 SC 813. [U.P. Excise Act (40 of 1910) s. 24A (as inserted by U.P. Excise (Amendment) Ordinance, 1972)]...
Held
Held, the word 'held' means possession of legal and does not require actual connected occupation, Jilubhai Nanbhai Khadhar v. State of Gujarat, 1995 Supp (1) SCC 596; AIR 1995 SC 142.The word 'held' in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 means 'lawfully held'. Judicial propriety requires that if a bench of a High Court is unable to agree with the decision already rendered by another co-ordinate bench of the same High Court, the question should be referred to a larger bench, Budhan Singh v. Nabi Bux, AIR 1970 SC 1880 (1884): (1969) 2 SCC 481: (1970) 2 SCR 10.The expression 'held' occurring in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 can be construed to mean 'lawfully held'. Kailash Rai v. Jai Jai Ram, AIR 1973 SC 893 (897): (1973) 1 SCC 527: (1973) 3 SCR 411 [U.P. Zamindari Abolition and Land Reforms Act (1 of 1951), s. 9]In the Unabridged Edition of The Random House Dictionary of the English Language, the word 'hold' has been inter ali...
Illness slip
Illness slip, is a facility which has been abused more often than not, so much so that interim orders once obtained have notoriously been found to have continued for a long time merely on the 'illness slip' and, therefore, the facility of adjournment on this basis should be abolished so that the litigant whose counsel has fallen ill may make alternative arrangement and the hearing of case may not be affected, Rais Ahmad v. State of Uttar Pradesh, (1999) 6 SCC 391....
Khas possession
Khas possession, the definition of the expression 'khas possession' in the Bihar Land Reforms Act, is stronger from the point of view of the person who is actually cultivating the lands than that of a person who is working directly (the mines) u/s. 9 of the Bihar Land Reforms, Act, 1950, Kaviraj Basudevanand v. Mahant Harihar Gir, AIR 1974 SC 1991 (1994): (1974) 2 SCC 514: (1975) 1 SCR 590.The word used in s. 6 of the Bihar Land Reforms Act, 1950 is not 'possession' but it is qualified by the adjective 'khas possession' its equivalent being 'actual possession' as the word is understood in contradistinction to the word 'constructive posses-sion', Ramesh Bejoy Sharma v. Pashupati Rai, AIR 1979 SC 1769 (1776): (1979) 4 SCC 27: (1980) 1 SCR 6. [Bihar Land Reforms Act, 1950, s. 2(12) and 6(1)]The expression 'I have possession' in respect of culturable lands in s. 6 of the Land Reforms Act has been used in a technical sense and it means those lands which are in the private or personal posses...
La-aulad
La-aulad, means 'issueless' or without any son or daughter, Nirman Bahadur v. Fateh Bahadur Singh, AIR 1929 All 963.Means without male issue and not issueless, Bibi Umatul Rasul v. Nageshwar Bux Rai, AIR 1927 Pat 386....
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