S 195 - Law Dictionary Search Results
Home Dictionary Name: s 195Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
In 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 ...
Such court
Such court, 'Such Court' means in the context of that rule the Court in which the suit is pending. In other words, the suit must be one not only pending in that Court but also one against the holder of a decree of that Court, Shaukat Hussai alias Ali Akram v. Bhuneshwari Devi, AIR 1973 SC 528 (532): (1972) 2 SCC 731: (1973) 1 SCR 1022. (C.P.C., 1908, O. 21 R. 29)(ii) The words 'such Court' used in s. 195(1)(c) mean the very Court before which a party to a proceeding in that Court has produced or tendered in evidence a document in respect of which the offence is alleged to have been committed. Clause (c), means that it is that Court before which there is a proceeding and a party to such a proceeding is said to have committed an offence in respect of a document produced or tendered in evidence by him, on whose complaint the offence can be taken cognizance of, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639 (2651): (1973) 3 SCC 753: (1973) 2 SCR 66. [Criminal PC, (5 of 1898...
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
Accident
Accident, anything that happens, an unforeseen or unexpected event, a chance, a mishap, an extraordinary incident; something not expected. It is also a head of equitable jurisdiction, which was concurrent with that of the Courts of Law.Means an unlook for mishap or an untoward event which is not expected or designed, Fenton v. Thorley & Co. Ltd., 1903 AC 443: 72 LJKP 787: 89 LT 314 (HL).The meaning to be attached to the word accident,' in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief under certain conditions are (1) lost or destroyed documents. (2) Imperfect execution of powers. (3) Erroneous payments, e.g., by personal representatives.In logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE.The popular and ordinary sense of the word 'accident' means the mishap or an untowa...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Without prejudice to the generality of the provisions of sub-s. (1)
Without prejudice to the generality of the provisions of sub-s. (1), it is well-settled that when this expression is used anything contained in the provisions following this expression is not intended to cut down the generality of the meaning of the preceding provision, King-Emperor v. Sibnath Banerji, 1945 FCR 195: AIR 1945 PC 156; Shiv Kirpal Singh v. V.V. Giri, AIR 1970 SC 2097 (2112): (1970) 2 SCC 567. (Indian Penal Code, s. 171c)...
Deer-leap, or deer's-leap
Deer-leap, or deer's-leap. The term apparently means two things: (1) generally, a strip running outside the paling of an ancient park, its breadth being the supposed distance a deer could leap; (2) a right enjoyed by the owner of a park which adjoins a forest or chase to maintain a high bank from which the deer out of the forest or chase could leap down into his park and be unable to get back again-in fact, a species of deer-trap. See Notes and Queries, Sec. Series, vol. iii., p. 195; Third Series, vol. xii., p. 186. Hence it is sometimes identified with freeboard, which see....
Wild's case, Rule in
Wild's case, Rule in. A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate-tail; but if he have issue at the time, B. and his children may, upon construction, take joint estates for life, 6 Rep. 16 b; Tud. L.C. on Real Property, 2nd Edn. 542, 581.The rule did not apply to personalty; see Audsley v. Horn, (1858) 26 Beav 195: 1 De GF&J 226; 2 Jarm. on Wills; Theobald on Wills.The rule has apparently been abolished in regard to wills coming into operation after 1925. See TAIL...
Any other sum chargeable under the provisions of this Act
Any other sum chargeable under the provisions of this Act, would not include cases where any sum payable to the non-resident is a trading receipt which may or may not include 'pure income', Transmission Corporation of Andhra Pradesh Ltd. v. Commissioner of Income Tax of Andhra Pradesh, (1999) 7 SCC 266. [Income Tax Act, 1961, s. 195]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial