Reason - Law Dictionary Search Results
Home Dictionary Name: reasonReason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
If for any reason
If for any reason, although the opening words used in s. 12(8) are 'if for any reason' and not 'if the sales tax authority has reason to believe', the difference in phraseology should not make such material difference. A reason cannot exist in vacuum, Sales Tax Officer v. Uttareswari Rice Mills, AIR 1972 SC 2617 (2620): (1973) 3 SCC 171: (1973) 2 SCR 310. [Orissa Sales Tax Act, 1947, s. 12(8)]...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
Reasonableness
Reasonableness, 'reasonableness' as the test of validity is not the courts own standard of reasonableness as it might conceive it in a given situation. A thing is not unreasonable in the legal sense merely because the court thinks it is unwise. Different contexts in which the operative of 'reasonableness' as test of validity operates must be kept distinguished. Some phrases which pass from one branch of law to another carry over with them meanings that may be inapposite in the changed context. Some such thing has happened to the words 'reasonable', 'reasonableness' etc. The reasonableness in administrative law must distinguish between proper use and improper abuse of power. The administrative law test of 'reasonableness' as the touchstone of validity of the impugned resolutions is different from the test of the 'reasonable man' familiar to the law of torts, whom English law figuratively identifies as the 'man on the Clapham omnibus'. In the latter case the standards of the 'reasonable ...
Reason to suspect
Reason to suspect, the expression 'reason to suspect the commission of an offence' would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the First Information Report as well in the Annexures, if any, enclosed and any attending circumstances which may, not amount to proof. In other words, the meaning of the expression 'reason to suspect' has to be governed and dictated by the facts and circumstances of each case and at that stage the question of adequate proof of facts alleged in the first information report does not arise, State of Haryana v. Bhajan Lal, AIR 1992 SC 604 (618): 1992 Supp (1) SCC 335. [Criminal Procedure Code, 1973 s. 157(i)]...
Reason
Reason, are the links between the materials on which certain conclusions are based and the actual conclusions, Gurdial Singh v. State of Punjab, (1979) 2 SCC 368.The very life of law, for when the reason of law once ceases the law itself generally ceases, because reason is the foundation of all our laws, Co. Litt. 97 b, 183 b....
Rules of reason
Rules of reason, the 'rule of reason' normally requires an ascertainment of the facts or features peculiar to the particular business; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable; the history of the restraint and the evil believed to exist, the reason for adopting the particular restraint and the purpose or end sought to be attained and it is only on a consideration of these factors that it can be decided whether a particular act, contract or agreement, imposing the restraint is unduly restrictive of competition so as to constitute 'restraint of trade', Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....
By the reason of termination of employment
By the reason of termination of employment, The expression 'by reason of the termination of employment' must, in the context, have the same meaning as the expression 'payable on the termination of employment' which is used in sub-clause (6). In other words, gratuity which may be payable to an employee by reason of the termination of his employment would fall under sub-clause (d), provided it is shown that it is payable under any law, contract, or instrument, Purshottam H. Judye v. V.B. Potdar, (1966) 2 SCR 353: AIR 1966 SC 856. [Payment of Wages Act (4 of 1936), s. 2 (vi) (d)]...
Termination for any reason whatsoever
Termination for any reason whatsoever, in s. 2(oo) the words 'Termination... for any reason whatso-ever' are the key words. Whatever the reason, every termination spells retrenchment. A termina-tion takes place where a term expires either by the active step of the master or the running out of the stipulated term, State Bank of India v. N. Sundara Money, AIR 1976 SC 1111: (1976) 1 SCC 822: (1976) 3 SCR 160....
Reasonable and probable cause
Reasonable and probable cause, means genuine belief based on reasonable grounds that the proceedings are justified, ST Sahib v. Hassan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause, such grounds as justify any one in suspecting another of a crime and giving him in custody thereon. Its absence is one of the causes of action in an action for malicious prosecution and its existence is a defence to an action for false imprisonment. After the jury have found the facts, the question whether the facts show a reasonable and probable cause is a question of law, not fact, but the judge may leave that finding to the jury in some cases, McDonald v. Rooke, (1835) 2 Bing (NC) 217. See Addison on Torts; Clerk and Lindsell on Torts. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION.'Reasonable and probable cause' means a genuine belief, based on reasonable grounds, that the proceedings are justified, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause means an ...
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