Relation - Law Dictionary Search Results
Home Dictionary Name: relationIn or in relation to
In or in relation to, the words 'in or in relation to' which occur in clause (b) are not repeated in clause (c). But these words occur in S. 476 both with reference to clause (b) and clause (c) of s. 195 (1). The interpretation of these words is not res integra. There was a conflict of judicial opinion in regard to the meaning and ambit of these words. Now, thus, the settled position is that the bar in s. 195(1)(b) of the Criminal Procedure Code, 1973 does not apply if there is no proceeding in any court at all when the offence mentioned in the aforesaid clause (1) has been committed. In other words, the s. contemplates only the proceedings pending or concluded and not in contemplation. The rationale behind these decisions is that if the two proceed-ings, one in which the offence is committed and the other, the final proceedings, in the same or a transferee court are, in substance, different stages of the same integrated judicial process, the offence can be said to have been committed ...
In relation to arbitral proceedings
In relation to arbitral proceedings, The phrase 'in relation to arbitral proceedings' cannot be given a narrow meaning to mean only pendency of the proceedings before the arbitrator. It would cover not only proceedings pending before the arbitrator but would also cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v. State of Goa, (2003) 6 SCC 56 (62). [Arbitration and Conciliation Act, 1996, s. 85(2)(a)]In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334....
relation back
relation back : the assigning of a prior date (as the date of execution of a document) to an act (as filing of a document and esp. a pleading) as the time of its effect esp. to avoid a time limit [the relation back of amendments to the date of the original pleading] ;also : the legal fiction that an action (as the filing of a document) was taken on a previous date to avoid the expiration of a time limit ...
In relation to
In relation to, the phrase 'relation to' is, ordinarily, of wide import but, in the context of its use in the said expression in s. 129-C of Customs Act, 1962, it must be read as meaning a direct and proximate relationship to the rate of duty and to the value of goods for the purposes of assessment, Navin Chemicals Mfg. And Trading Co. Ltd. v. Collector of Customs, (1993) 4 SCC 320. [Customs Act, 1962, s. 129 (3)]The words 'relating to' has been held to be equiva-lent to or synonymous with as to 'concerning with' and 'pertaining to', Doypock Systems (P) Ltd v. Union of India, AIR 1988 SC 782 (800): (1988) 2 SCC 299. [Swadeshi Cotton Mills Co. Ltd (Aequisition and Transfer of Undertakings) Act, 1986, s. 3]...
In relation to any proceeding in any court
In relation to any proceeding in any court, the proceedings before a Magistrate in which he agrees with the report by the police under S. 169, Criminal Procedure Code, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court, Kamalapati Trivedi v. State of West Bengal, AIR 1979 SC 777: (1980) 2 SCC 91: (1979) 2 SCR 717...
In relation to which
In relation to which, the words 'in relation to which' in Article 227(1) of Constitution of India qualify the words 'territories' and not the words 'courts and tribunals', Waryam Singh v. Amarnath, AIR 1954 SC 215 (217): (1954) SCR 565....
Jural relation between parties
Jural relation between parties, means legal relation-ship between parties with reference to their rights and obligations, Prabhakaran v. M. Azhagiri Pillai, AIR 2006 SC 1567: (2006) 4 SCC 484: (2006) 5 JT 57: (2006) 3 SCALE 235: (2006) 3 Supreme 245: (2006) 3 SLT 134: (2006) 4 SCJ 80: (2006) 4 SCJD 188: (2006) 5 SRJ 193.Means legal relationship between parties with refer-ence to their rights and obligations, Prabhakaran v. M. Azhagiri Pillai, (2006) 4 SCC 484....
Relation
Relation, where two different times or other things are accounted as one, and by some act done the thing subsequent is said to take effect 'by relation' from the time preceding. Thus letters of administration relate back to the intestate death, and not to the time when they were granted; see Re Pryse, 1904, P. 301; Fosterv. Bates, (1843) 12 M. & W. 226. See FORFEITURE; BANKRUPTCY; TRESPASS....
Rights in relation to an estate
Rights in relation to an estate, the expression 'rights in relation to an estate' would include any right or privileges in respect of land revenue, Gangadharrao Narayanrao Mujmudar v. State of Bombay, AIR 1961 SC 288: (1961) 1 SCR 943....
Presentment in relation to copyholds
Presentment in relation to copyholds. In order to give effect to a surrender out of Court it was for-merly necessary that due mention or 'presentment' of the transaction should be made at some subsequent Court.The surrender, and every other document relating to the title, on being presented in Court, had to be endorsed thus:- 'Presented and enrolled at a Court held for the manor of --, the -- day of --,' and then undersigned by at least two of the homage. The ceremony was dispensed with by with Copyhold Act, 1841, s. 89....
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