S 156 - Law Dictionary Search Results
Home Dictionary Name: s 156Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Woman
Woman, the word 'woman' denotes a female human being of any age. (Indian Penal Code, s. 10)By the (English) Interpretation Act, 1889, s. 1, reproducing 13 & 14 Vict. c. 21, s. 3, words in any Act of Parliament passed after 1850 importing the masculine gender include females unless the contrary intention appears. Women became qualified to be registered as apothecaries by the Apothecaries Amendment Act, 1874 (37 & 38 Vict. c. 34), s. 5; as surgeons by the College of Surgeons Act, 1875 (38 & 39 Vict. c. 43), s. 2; and as medical practitioners by the Medical Amendment Act, 1876 (39 & 40 Vict. c. 41), s. 1, and see infra.The Sex Disqualification (Removal) Act, 1919, s. 1, provides that a person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorp...
Infectious diseases
Infectious diseases. It is an indictable offence to expose in a public frequented highway a person suffering from an infectious disorder, R. v. Vantandillo, (1815) 4 M. & S. 73. The (English) Public Health Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 49), ss. 143 to 180, repealing (from October, 1937) ss. 120-143 of the (English) Public Health Act, 1875, contains various provisions calculated to prevent the spread of dangerous infectious diseases.Notification.--The (English) Public health Act, 1936, also repeals (from October, 1937) the (English) Infectious Diseases Notification Act, 1889 (52 & 53 Vict. c. 72), and enjoins the notification to the Medical Officer of Health of the district of certain specific diseases therein named, and also of other diseases added to the list by the local authority, s. 343 enacting that 'notifiable disease.'--Means any of the following diseases, namely, small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fe...
Inhibition
Inhibition. An ancient synonym for PROHIBITION.In the (English) Ecclesiastical Law, the command of a bishop or ecclesiastical judge that a clergyman shall cease from taking any duty, See, e.g., Sequestration Act, 1871 (34 & 35 Vict. c. 45), s. 5; (English) Benefices (Ecclesiastical Duties) Measures, 1926 (16 & 17 Geo. 5, No. 8); Dale's Case, (1881) 6 QBD 376.Under the (English) Land Registration Act, 1925, an order of Court or entry by the chief land registrar inhibiting temporarily the registration or any dealing with registered land or a registered charge; see (English) L.R. Act, 1925, s. 58, (English) L.R. Rules 230-234, and 237, and Fortescue-Brickdale and Stewart Wallace, 'Land Registration.'In the Scots Law: (1) A writ whereby the debtor or party inhibited is prohibited from contracting any debt which may become a burden on his heritable property. See 31 & 32 Vict. c. 101, s. 156, and Sch. (20 A writ prohibiting and discharging all persons from giving credit to a man's wife, Bell...
Taking cognizable
Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR 423: AIR 1967 SC 1167 (1169). [Cri PC, 1898, s. 190(1)(b)]The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to taking further action, Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)]When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under s. 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence, Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986 (989): (1961) 2 ...
Tax payable
Tax payable, means tax payable under this Act on sales or purchase effected by a dealer or casual dealer but does not include tax due as defined in clause (46). [West Bengal Value Added Tax Act, 2003, s. 2(49)]Means the full amount of tax which becomes due when assessed on the basis of the information regarding turnover and taxable turnover furnished or shown in the return, J.K. Synthetices Ltd. v. Commercial Taxes Officer, AIR 1994 SC 2393. (See also Rajasthan Sales Tax Act, 1954, s. 1113)The tax payable is the amount for which a demand notice is issued under s. 156. In determining the tax payable, the tax already paid has to be deducted. Hence, there can be no doubt that the expression 'the amount of the tax, if any, payable by him' referred to in the first part of s. 271(1)(a)(i), refers to the tax payable under a demand notice. Considering the words 'the tax' found in the latter part of that provision. It may be noted that the expression used is not 'tax' but the 'the tax'. The def...
Night
Night, the time of darkness between sunset and sunrise. Under the Night Poaching begins one hour after sunset, and ends one hour(English) s before sunrise. Under the (English) Larceny Act, 1916, s. 25 (see BURGLARY), and the (English) Factory Act, 1901, s. 156, night is between 9 p.m. and 6 a.m....
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)...
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