S 125 - Law Dictionary Search Results
Home Dictionary Name: s 125Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Just ground
Just ground, by the Code of Criminal Procedure (Amendment) Act No. 9 of 1949 an additional provision was added after the proviso which may be extracted thus: If a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife's refusal to live with him. The object of introducing this provision was clearly to widen the scope and ambit of the term 'just ground' mentioned in the proviso. This provision is not exhaustive but purely illustrative and self-explanatory and takes within its fold not only the two instances mentioned therein but other circumstances also of a like or similar nature which may be regarded by the Magistrate as a just ground by the wife for refusing to live with her husband. Under the Code of 1973, this provision has been incorporated as Explanation to the second proviso to sub-s. (3) of s. 125, Sirajmohmedkhan Janmohamadkhan v. Hafizu-nnisa Yasinkhan, AIR 1981 SC 1972: (1981) 4 SCC 250. If a husband has con...
His
His, although clause (d) of s. 125 (1) of CrPC, 1973 has used the expression 'his father or mother' but the use of the word 'his' does not exclude the parents claiming maintenance from their daughter. Vijaya Manohar Arbat v .Kashirao Rajaram Sawai, AIR 1987 SC 1100: (1987) 2 SCC 278: (1987) 2 SCR 331. [Criminal Procedure Code, 1973, s. 125(1)(d)]...
In the whole
In the whole, 'in the whole' in the context means taking all the items of maintenance together, not all the members of the family put together, Captain Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807 (1811): (1978) 4 SCC 70: (1978) 3 SCR 782. [Criminal PC, 1973, s. 125]The expression 'in the whole' means taking all the items of maintenance together not all the members of the family put together, Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807 (1811). (Criminal PC, 1973, s. 125)...
Living in adultery
Living in adultery, means a continuous course of adulterous relationship as distinguished from 'one or two lapses from virtue, Rajni v. Prabhakar, AIR 1950 Bom 204.No wife shall be entitled to receive an allowance from her husband under section 125, Cr PC if she is living in adultery see (s. 125(4), Cr PC, 1973, a continuous course of adulterous life as distinguished from one or two lapses from virtue, Rajani Prabhakar Lokur v. Prabhakar Raghavendra Lokur, AIR 1958 Bom 264....
Banking policy
Banking policy, means any policy means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. [Banking Regulation Act, 1949 (10 of 1949), s. 5 (ca)]Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cannot meet current financial obligations, an insolvent person; Debt...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Bankrupt
Bankrupt [fr. bancus, or banque, the table or counter of a tradesman, and ruptus, Lat., broken, denoting thereby one whose shop or place of trade is broken or gone]. A debtor who does certain acts, tending to defeat or delay his creditors, may be adjudged bankrupt, and so made liable to the bankruptcy laws. Before the (English) Bankruptcy Act,1861 (24 & 25 Vict. c. 134), 'traders' only were liable to be made bankrupts, other insolvent debtors being dealt with by a succession of Relief of Insolvent Debtors Acts. See INSOLVENCY.Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cann...
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