Seating Capacity - Law Dictionary Search Results
Home Dictionary Name: seating capacitySeating capacity
Seating capacity, of a vehicle is meant that capacity which is mentioned in the registration certificate of the vehicle. In that way, the expression seating capacity' has a fixed connotation. The expression 'seating capacity' cannot be a fluctuating concept, depending upon the number of passengers actually carried in the vehicle, B.B. Chawla v. State of Madhya Pradesh, AIR 1993 MP 241....
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...
Status - capacity
Status - capacity, the fundamental difference bet-ween status and capacity is that the former is a legal State of being while the latter is a legal power of doing. Status determines a person's legal condition in community by reference to some legal class or group and cannot normally be voluntarily changed. The imposition of status carries with its attribution of a fixed quota of capacity and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. Capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed, subject to certain generally and legally defined limits - limits which vary in relation to each particular form of capacity. Capacity in this form is an incident of status, Mahalinga Thambiran Swamigal v. AIR 1974 SC 199 (206): (1974) 2 SCR 74....
Seating
The act of providing with a seat or seats as the seating of an audience...
diminished capacity
diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element of a crime NOTE: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. ...
Capacity
Capacity, a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed, subject to certain generally and legally defined limits - limits which vary in relation to each particular form of capacity. Capacity in this form is an incident of status, Sri Mahalinga Thambiran Swamigal v. His Holiness Sri La Sri Kasivasi Arulnandi Thambiram Swamigal, (1974) 2 SCR 74: (1974) 1 SCC 150: AIR 1974 SC 199 (206).The role in which one performs an act, Black's Law Dictionary, 7th Edn.Capacity, is being used in the sense of legal competence or status to bring or defend a claim, Haq v. Singh , (2001) 1 WLR 1594 (CA)....
Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
Its capacity of efficiency
Its capacity of efficiency, the expression 'its capacity or efficiency' means the capacity or efficiency of the irrigation tank. The word 'capacity' in its ordinary dictionary sense means 'holding-power ' or 'receiving-power', Y. Lakshmi Narayana Reddy v. State of Andhra Pradesh, AIR 1965 SC 580 (583). [T.N. Irrigation Tanks (Improvement) Act, (19 of 1949), s. 3(1)]...
dickie seat
A small 3rd seat in the back of an old fashioned 2 seat car...
Vacation of seats
Vacation of seats, in India, a member of Lok Sabha or Rajya Sabha ceases to be a member of that House and his seat remains vacant under various circum-stances, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 31....
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