Being under sentence of life imprisonment, means it would be limited to a sentence which has become final, absolute and indivisible so far as judicial process is concerned. In a broad sense, it may also include a sentence which has not become final, but is being impeached or is still liable to be impeached by way of appeal or revision or other mode known to law, Dilip Kumar Sharma v. State of Madhya Pradesh, AIR 1976 SC 133: (1976) 2 SCR 289: (1976) 1 SCC 560. [Penal Code (45 of 1860), s. 303]...
British Empire, the Most Excellent Order of the, founded in 1917 for both men and women. The various grades take precedence immediately after the corresponding grades of the Royal Victorian Order....
Decision or order passed by an Officer of Customs under this Act, The words 'decision or order passed by an Officer of Customs under this Act' used in S. 188 of the Sea Customs Act must mean a real and not a purported determination. A deter-mination, which takes into consideration factors which the officer has no right to take into account is no determination. This is also the view taken by courts in England. In such cases the provision excluding jurisdiction of Civil Courts cannot operate so as to exclude an inquiry by them, Union of India v. Tarachand Gupta and Bros., (1971) 1 SCC 486: AIR 1971 SC 1558: (1971) 3 SCR 557....
Final order, an order appealed against cannot be regarded as a final order, where it does not of its own force bind or affect the rights of the parties, Prem Chand Satramdas v. State of Bihar, AIR 1951 SC 14: (1950) SCR 799.The expression 'final order' has been used in contradistinction to what is known as 'interlocutory order' and the essential test to distinguish the one from the other has been discussed and formulated in several cases decided by the Judicial Committee. The test for determining the finality of an order is, whether the judgment or order finally disposed of the rights of the parties, V.C. Shukla v. State Through C.B.I., AIR 1980 SC 962: (1980) Supp SCC 92.Where the order of the Commissioner under s. 33A required the Income-tax Officer to look into the books of account of assessee and make an estimate in the light of the material based on those books and directed him to substitute his estimate for the income already assessed under s. 23(4) and modify the assessment acco...
In the interest of public order, the expression 'in the interest of public order' in the Constitution is capable of taking within itself not only those acts which disturb the security of the State or act within order publique as described but also certain acts which disturb public tranquility or are breaches of the peace, Madhu Limaye v. Sub-Divisional Magistrate, AIR 1971 SC 2486: (1970) 3 SCC 746: (1971) 2 SCR 711....
Intestates Estates Act, 1890 (English) (53 & 54 Vict. c. 29), repealed and not re-enacted by the A.E. Act, 1925, in the case of persons dying intestate after 1925. See WIDOW. By the Act of 1890 the real and personal estate of every man dying wholly intestate after September 1, 1890, leaving a widow but no issue, is directed to belong to his widow if the net value should not exceed 500l., while if it should exceed 500l. the widow obtains 500l and a charge upon the whole of the estate for that term, in addition to her interest and share in the remainder of the estate, 'with interest thereon from the date of the death of the intestate, at 4 per cent. per annum until payment.' As to the meaning of 'intestate,' see Re Cuffe, (1908) 2 Ch 500.As to Scotland, see the Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10), as amended by 9 & 10 Geo. 5, c. 9, which is framed on the lines of the English statute...
Judgments Extension Act, 1868 (English). By this Act (31 & 32 Vict. c. 54) (preserved by the Judicature Act, 1925, s. 224) the judgments of the superior Courts of either England, Scotland, or Northern Ireland may be enforced as judgments in either of the other two countries upon registration (in a prescribed manner) of certificate thereof in the country in which such judgments are sought to been forced. By the Inferior Courts Judgment Extension Act, 1882 (45 & 46 Vict. c. 31), the principle of this Act was, with the limitation of personal service, extended to inferior courts. See INFERIOR COURTS; IRISH JUDGMENTS.Part II. of the (English) Administration of Justice Act, 1920, makes provision of the reciprocal enforce-ment of judgments of superior courts between the United Kingdom and other parts of the Empire. The Act is limited to such parts of His Majesty's Dominions as have been included within its scope by Orders in Council; and by the (English) Foreign Judgments (Reciprocal Enforcem...
Notified order, means an order notified in the Official Gazette. [Essential Commodities Act, 1955 (10 of 1955), s. 2(c)]--the term 'notified order' which is defined as meaning 'an order notified in the official Gazette' is wide enough to cover special as well as general orders relating to the matters specified in s. 3, Santosh Kumar Jain v. State, AIR 1951 SC 201(202). [Essential Supplies (Temporary Powers) Act, s. 3(i)]...
Pass such order as it thinks fit, is not restricted to the passing of orders which are final in character. It is for the purposes of doing complete justice between the parties, the authority who hears the revision petition is satisfied that it is necessary to call for additional evidence, he may call for such evidence, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227.The expression 'pass such order as it thinks fit' ins. 64A, as amended by the Bihar Act, is not restricted to the passing of orders which are final in character, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227 (1231): (1968) 3 SCR 322. [Motor Vehicles Act, 1939, s. 64A]...
Suspension, pleas in, were those which showed some matter of temporary incapacity to proceed with the action or suit, Steph. On Plead., 7th Edn., 45. See ABATMENT....