Said Period - Law Dictionary Search Results
Home Dictionary Name: said periodSaid period
Said period, the words 'the said period' occurring in the paragraph must refer to the period indicated in the permit and not to the period mentioned in the Visa, State v. Mahmadkhan Navrangkhan, AIR 1959 Bom 359 (362). (Foreigners Order, 1948, para 7)...
Period of not less than
Period of not less than, on the plain reading of the proviso to Rule 1(v), Second Schedule to the Act it is clear that in order to claim benefit of the said provision the borrowed money has to be repaid during the period of more than seven years. The only interpretation which can be given to the expression 'during a period of not less than seven years' is that the said period should go beyond seven years. The reasoning is simple. The period of seven years would not complete till the last 'minute' or even the last 'second' of the said period are counted. In other words till the last minute of the seven years period is completed the period remains less than seven years, C.I.T. v. Braithwaite & Co. Ltd., (1993) 2 SCC 262: (1993) 2 SCR 187....
Notary
Notary, means a person appointed as such under this Act:Provided that for a period of two years from the commencement of this Act it shall include also a person who, before such commencement was appointed a notary public under the Negotiable Instruments Act, 1881 (XXVI of 1881), and is, immediately before such commencement, in practice in any part of India:Provided further that in relation to the State of Jammu and Kashmir, the said period of two years shall be computed from the date on which this Act comes into force in the State. [Notaries Act, 1952 (53 of 1952), s. 2(d)]...
Dowry
Dowry [dos mulieris, Lat.], otherwise called maritagium, or marriage goods, that which the wife brings the husband in marriage. This word should not be confounded with dower, Co. Litt. 31.Means any property or valuable security given or agreed to be given either directly or indirectly--by one party to a marriage to the other party to the marriage; orby the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2]The word 'dowry' in, s. 304B has to be understood as it is defined in, s. 2 of the Dowry Prohibition Act, 1961. There are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is 'at any time' after the marriage. ...
Funds, public
Funds, public, the name given to the public funded debt due by Government. The practice of borrow-ing money to defray a part of the war expenditure began, with us, in the reign of William III. In the infancy of the practice it was customary to borrow upon the security of some tax, or portion of a tax, set apart as a fund for discharging the principal and interest of the sum borrowed. This discharge was rarely effected. The public exigencies still continuing, the loans were continued, or the taxes again mortgaged for fresh ones. At length the practice of borrowing for a fixed period, or, as it is called, upon terminable annuities, was abandoned, and loans made upon interminable annuities, or until it might be convenient for the Government to pay off the principal. Such loans are called Funded Debt, or 'The Funds'; loans for a fixed period are said to be 'Unfunded'.In the beginning of the funding system the term 'fund' meant the taxes or funds appropriated to the discharge of the princip...
Non-employment
Non-employment, word 'non-employment' would include retrenchment as well and a person whose services have been terminated or discharged albeit illegal cannot at all be said to be a person in service, much less in continuous service. The period of non-employment or the period after discharge cannot be counted for the purpose of giving continuity of service, State of Tamil Nadu v. Nellai Cotton Mills Ltd., (1990) 2 SCC 518 (523). [T.N. Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (46 of 1981), s. 3(2)] [S. 2(g), Trade Union Act]...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Post-dated cheque
Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...
Neglect
Neglect, means gross, wilful, intentional, culpable or flagrant disregard of duties, Baburao Vishwanath Mathpati v. State of Maharashtra, AIR 1996 Bom 227.Neglect, when a money order or a demand draft is sent to the landlord, during the specified period, it cannot be said that the tenant has 'neglected to make payment'. The expression 'neglect' means 'to fail to give due care, attention, or time to. The fail through thoughtlessness or carelessness. To ignore or disregard', Laxmikant Devchand Bhojwani v. Pratap Singh Mohan Singh Pardeshi, (1994) 6 SCC 576 (579). [Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, s. 12(3) (a)]. [s. 27, ill. (a), T.P. Act]...
Officiating continuously in a senior post
Officiating continuously in a senior post, the ex-pression 'officiated continuously in a senior post' in Rule 3(3)(b) of the Seniority Rules is to be constructed to mean holding a senior post on officiating basis prior to substantive appointment on such senior post. Since a person cannot be treated as officiating on a post after he has been substantively appointed on that post, the said expression cannot be construed as referring to the period of officiation subsequent to the date of substantive appointment, O.S. Singh v. Union of India, (1996) 7 SCC 37 (44). [I.P.S. (Regulation of Seniority) Rules, 1954]...
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