Regularity - Law Dictionary Search Results
Home Dictionary Name: regularityRegularly
Regularly, the word 'regularly' in clause (b) of s. 12(3) has a significance of its own. It enjoins a payment or tender characterised by reasonable punctuality, that is to say, one made at regular times or intervals. The regularity contemplated may not be a punctuality, of clock-like precision and exactitude, but it must reasonably conform with substantial proximity to the sequence of times or intervals at which the rent falls due, Mranalini B. Shah v. Bapalal Mohanlal Shah, AIR 1980 SC 954 (956): (1980) 4 SCC 251. [Bombay Rents, Hotel and Lodging House Rates Contral Act, 1947, s. 12(3)(b)](ii) The word 'regularly' to mean payment of rent in a uniform and consistent manner without any breach or default. The legislature never contemplated that a single default could be condoned. This inference is fortified by the words 'without sufficient cause'. A correct interpretation of the plain language and the words and phrases used in cl. (ii) of s. 9(1) of the Act seems that the word 'regular' ...
Regularly kept books of account
Regularly kept books of account, to ascertain whether a book of account has been regularly kept the nature of occupation is an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining books of account will differ but also the yardstick of contemporaneity in making entries therein. It is not possible to accept the view that an entry must necessarily be made in the book of account at or about the time the related transaction takes place so as to enable the book to pass the test of 'regularly kept'. The rule fixes no precise time and each case must depend upon its own circumstances, CBI v. V.C. Shukla, AIR 1998 SC 1406: (1998) 3 SCC 410....
Regularity
The condition or quality of being regular as regularity of outline the regularity of motion...
On a regular basis
On a regular basis, when a person is appointed to a post against a permanent vacancy on probation, his appointment is on a regular basis, but when a person is appointed to a post on a purely temporary or on an ad hoc basis, the appointment is not on a regular basis, K. Madhavan v. Union of India, AIR 1987 SC 2291 (1296): (1987) 4 SCC 655: (1988) 1 SCR 421. (Constitution of India, Art. 309)...
Regular
Regular, 'regular' means a consistent course of conduct without any break or breach, Mrs. Raj Kanta v. Financial Commissioner, AIR 1980 SC 1464 (1466): (1980) 3 SCC 589: (1980) 3 SCR 1006.Means (1) conforming to a rule or principal systematic; (2) harmonious symmetrical; (3) acting or done or recurring uniformly or calculably in time or manner, habitual, constant, orderly; (4) conforming to a standard of etiquette or procedure, correct, according to convention; (5) properly constituted or qualified; not defective or amateur, pursuing an occupation as one's main pursuit'. The word regular does not mean 'actual', Union of India v. K.B. Rajoria, AIR 2000 SC 1819.Means (1) conforming to a rule or principle; systematic. (2) harmonious, symmetrical (3) acting or done or recurring uniformly or calculably in time or manner habitual, constant, orderly (4) conforming to a standard of etiquette or procedure; correct; according to convention. (5) properly constituted or qualified; not defective or...
Regularly kept in the course of business
Regularly kept in the course of business, the roughest memoranda of accounts kept generally according to the most elementary system are ad-missible but would have no weight, Kesheo Rao v. Ganesh, AIR 1926 Nag 407.Account books kept from day of day and balances struck at the end of each day, should be held to have been regularly kept. The system need not be elaborate, Balmukand &Anr. v. Jagan Nath, AIR 1963 Raj 212.The words 'regularly kept' are not synonymous with 'correctly kept', Parasram Kalyandas v. Champalal Sawan Sookha, AIR 1957 Madh Bha 118....
Regular assessment
Regular assessment, section 148 mandates the Assessing Officer to serve a notice on the assessee before making the assessment, reassessment or re-computation under s. 147. From the aforemen-tioned provisions, it is manifest that an initial assessment made by the Assessing Officer either on the assessee voluntarily furnishing a return of the income or furnishing such a return on being served a notice under s. 148, is a 'regular assessment' under s. 2(40) of the Act, but an order passed by the Assessing Officer making a reassessment or revised assessment in a case where an assessment had been made, does not come within the meaning of the said expression, K. Govindan and Sons v. CIT, AIR 2001 SC 254: (2001) 1 SCC 460....
Regular employees
Regular employees, the expression 'regular emplo-yees' normally means bona fide employees, Deepak Sibal v. Punjab University, AIR 1989 SC 903 (909): (1989) 2 SCC 145: (1989) 1 SCR 689....
Regular or regularisation
Regular or regularisation, the words 'regular' or 'regularisation', do not connote permanence. They are terms calculated to condone any procedural irregularities and are meant to cure only such defects as are attributable to the methodology followed in making the appointments. They cannot be construed so as to convey an idea of the nature of tenure of the appointments, B.N. Nagarajan v. State of Karnataka, AIR 1979 SC 1676 (1681): (1979) 4 SCC 507: (1979) 3 SCR 937. (Constitution of India, Arts. 309, 162)...
Regularly performed
Regularly performed, the words regularly per-formed mean done with due regard to form and procedure, AIR 1955 Punj 65 (73). (Evidence Act, 1872, s. 114)...
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