Sec 1666 - Law Dictionary Search Results
Home Dictionary Name: sec 1666 Page: 7Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Gross total income
Gross total income, in view of s. 47(viii), the com-pensation which become payable to the appellant as a result of the acquisition of its agricultural land in 1962, was totally exempt from s. 45. Con-sequently, it did not amount to 'income' within the scope of section 2(24)(vi) as there was no capital gain within the meaning of s. 45. It was also not to be included while computing the total income of the appellant as defined in s. 2(45) of the Act. Thus, the amount of compensation received by the appellant could not have formed part of the 'gross total income' within the meaning of section 109(iv) of the Act, Income Tax Act, 1961 ss. 2(24)(vi), 2(45), 45, 47(viii) and ss. 109(iv) & (i); Delhi Farming & Construction (P) Ltd. v. Commissioner of Income Tax Delhi, (2003) 5 SCC 36; Also Caradamom Marketing Co. (Trav.) Ltd. v. CIT, (1986) 158 ITR 621 (Ker)....
Giving away vessel
Giving away vessel, when a vessel finds herself so close to another vessel that a collision cannot be avoided by the action of the giving-way vessel alone, she must also take such action as will best aid to avert collision, Asiatic Steam navigation Co. Ltd. v. Sub-Lt.-Arabinda Chakravarti, AIR 1959 SC 597 (607): (1959) Supp 1 SCR 979.Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.Explanation 1.--A statement is within the meaning of this section whether it is made verbally or otherwise.Explanation 2.--A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating th...
Offence of adultery
Offence of adultery, the 'offence of adultery' as defined in s. 497, IPC, can only be committed by a man, not by a woman. Indeed, the section provides expressly that the wife shall not be punishable even as an abettor. No grievance can then be made that the section does not allow the wife to prosecute the husband for adultery. The contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime. The offence of adultery, as defined in s. 497, is considered by the Legislature as an offence against the sanctity of the matrimonial home, an act which is committed by a man, as it generally is. Therefore, those men who defile that sanctity are brought within the net of the law, Sowmithri Vishnu v. Union of India, AIR 1985 SC 1618: (1985) Supp SCC 137: (1985) Supp 1 SCR 741....
Entrepreneur
Entrepreneur, means a person who has been granted a letter of approved by the Development Commissioner, under sub-section (9) of section 15. [Special Economic Zones Act, 2005 (28 of 2005), s. 2(j)]A building or place where goods from abroad may be deposited and from which those goods may then be exported to another country without paying a duty, Black's Law Dictionary, 7th Edn., p. 554...
Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
Eligible issue of capital
Eligible issue of capital, means an issue made by a public company formed and registered in India or a public financial institution and the entire proceeds of the issue are utilised wholly and exclusively for the purpose of any business referred to in sub-section (4) of section 80-IA. [Income-tax Act, 1961 (43 of 1961), s. 80C(2)(xix) Expl. (i)]...
Object held sacred
Object held sacred, the word 'object' has to be interpreted 'ejusdem generis' with a place of worship. Interpreted like that,it would mean that the section would apply only to cases where an idol in a temple is sought to be destroyed, damaged, or defiled. The words 'any object held sacred by any class of persons' even otherwise will apply only to idols in a temple or when they are carried out in processions on festival occasions, A. Veerabhadran Chettiar v. E.V. Ramaswami Naicker, AIR 1955 Mad 550. (Indian Penal Code, s. 295)Any object however trivial or destitute of real value in itself, if regarded as sacred by any class of persons would come within the meaning of the Penal Section, Veerabadran Chettiari v. E. V. Ramaswami Naicker, AIR 1958 SC 1032 (1035): 1959 SCR 1211. (Indian Penal Code, s. 295)...
Programme officer
Programme officer, means an officer appointed under sub-section (1) of section 15 for implementing the scheme. [The National Rural Employment Guarantee Act, 2005, s. 2(m)]...
Pass such orders as the Tribunal thinks fit
Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct the Appellate Assistant Commissioner or Income Tax Officer to hold a further enquiry and dispose off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455....
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