Sec 215 - Law Dictionary Search Results
Home Dictionary Name: sec 215 Page: 3 Page 3 of about 703 results ( seconds)Sectional
Of or pertaining to a section or distinct part of larger body or territory local...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
Prize Court
Prize Court. This is an international tribunal, existing only by virtue of a special commission under the Great Seal, during war or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the Court of Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the Instance Court of the Admiralty (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...
High Court
High Court, means any court which is deemed for the purposes of this Constitution to be a High Court for any State and includes--(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Con-stitution. [Constitution of India, Article 366(14)]The High Court in s. 10F of the Companies Act means the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate as indicated by s. 2(11) read with s. 10(1) (a) of the Act, Strideuell Leathers (P) Ltd. v. Bhankepur Simbhaoli Beverages Ltd., AIR 1994 SC 158 (165): (1994) 1 SCC 34. (Companies Act, 1956, s. 10F)Every High Court shall be a Court of record meaning thereby all the original record of the Court will be preserved by the said Court and it shall have all the powers of such a supe...
Expressly
Expressly, the word 'expressly' which is employed in s. 193 denoting those exceptions is indicative of the legislative mandate that a Court of Session can depart from the interdict contained in the section only if it is provided differently in clear and unambiguous terms. In other words, unless it is positively and specifically provided differently no Court of Session can take cognizance of any offence directly, without the case being committed to it by a Magistrate, Moly v. State of Karnataka, (2004) 4 SCC 584 (588): AIR 2004 SC 1890; see also (2004) 1 SCC 215 (Criminal Procedure Code, 1973, s. 193)....
Deemed
Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it h...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Building bye-law
Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....
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