Relevant - Law Dictionary Search Results
Relevant geographic market
Relevant geographic market, means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas. [Competition Act, 2002 (12 of 2003), s. 2(s)]...
Relevant activity
Relevant activity, means--(i) the development, production, handling, opera-tion, maintenance, storage or dissemination of a nuclear, chemical or biological weapon; or(ii) the development, production, maintenance, storage or dissemination of missiles specially designed for delivering any such weapon. [The Weapon of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities) Act, 2005, s. 4(j)]...
Reason 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...
Relevancy and admissibility
Relevancy and admissibility, the expressions 'relevancy and admissibility' are used as synonyms but their legal implications are distinct and different for more often than not facts which are relevant may not be admissible, for example, communication made by spouses during marriage or between an Advocate and his client though relevant are not admissible; so also facts which are admissible may not be relevant, for example, questions permitted to be put in cross-examination to test the veracity or impeach the credit of witnesses, though not relevant are admissible. The probative value of the evidence is the weight to be given to it which has to be judged having regard to the facts and circumstances of each case, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC 517: AIR 1998 SC 1850 (1852). [Evidence Act, (10 of 1872), s. 3]...
Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
Displaced Person and refugee
Displaced Person and refugee, the expression 'dis-placed person' or the word 'refugee' has been used in the relevant enactments with reference to a person who has migrated to India as a result of disturbances or fear of disturbances or the partition of the country. Therefore, if a person had died before the disturbances took place or he had never migrated to India as a result of the disturbances and he died before such migration he could not come within the meaning of the expression 'displaced person' or the word 'refugee' under the relevant statutory enactment's, Chief Settlement Commissioner v. Om Prakash, AIR 1969 SC 33: (1968) 3 SCR 655. [Punjab (Refugees Registration of Land Claims) Act, 1948, (12 of 1948)]...
Eligibility certificate
Eligibility certificate, means a certificate granted by the SICOM or the relevant Regional Development Corporation or the District Industries Centre concerned or the Maharashtra Tourism Develop-ment Corporation or the Maharashtra Energy Development Authority in respect of sales tax incentives under the relevant package scheme of incentives designed by the State Government, Maharashtra Value Added Tax Act, 2002, Ch. XIV, s. 88(c)....
Fresh fact
Fresh fact, There may be facts which are not germane or are not relevant to the grounds justifying the detention and when s. 14 of the Maintenance of Internal Security Act, 1971 refers to fresh facts it does not refer to facts which are not relevant, but to such fresh facts on which the detaining authority is satisfied that an order of detention should be made. If the fresh facts cannot form the basis for a conclusion on which the detention order can be made, then those facts are not fresh facts which will justify the detaining authority to make an order of detention, Har Jas Dev Singh v. State of Punjab, AIR 1973 SC 2469: (1973) 2 SCC 575: (1974) 1 SCR 281....
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