Sec 709 - Law Dictionary Search Results
Home Dictionary Name: sec 709 Page: 5Personal
Personal, clearly shows that some extra service must be rendered by the administrator general personally, different from his normal duties which would entitle him to receive fee, Ronal Llyod Powell v. Administrator-General, AIR 1967 All 231: (1966) ILR All 709: (1967) All LJ 536: (1966) All WR (HC) 109.Personal, means anything connected with the person, as distinguished from that connected with the land. Any movable thing, Chander Sekhar Singh Bhoi v. State of Orissa, (1972) 1 SCC 63 (69)....
Recommend
Recommend, the literal meaning given in the Concise Oxford Dictionary is quite simple and apposite. It means 'suggest as fit for employment', A. Pandurangam Rao v. State of Andhra Pradesh, AIR 1975 SC 1922 (1924): (1975) 4 SCC 709: (1976) 1 SCR 620. [Constitution of India, Art. 233(2)]Recommend, when read in the content of rules show that it means 'giving of a favourable report' opposed to an unfavourable one', V.M. Kurian v. State of Kerala, AIR 2001 SC 1409....
Use and consumption
Use and consumption, conversion of a commodity into a different commercial commodity by subject-ing it to some processing, is consumption within the meaning of the Explanation to Art. 286 no less than the final act of user when no distinct commodity is being brought into existence but what was brought into existence is being used up, Anwar Khan Mahboob Co. v. State of Bombay, AIR (1961) 1 SCR 709: 1961 SC 213 (217). (Constitution of India, Art. 286)...
Utilize
Utilize, the 'utilize' means to make useful and the land was made useful in execution of the housing scheme to the extent possible, State of Uttar Pradesh v. Anghalia Housing (P) Ltd., AIR 1976 SC 704 (709): (1976) 1 SCC 958....
Legal fiction
Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...
Regulation and restriction
Regulation and restriction, a distinction between 'regulation' and 'restriction' or 'prohibition' has al-ways been drawn, ever since Municipal Corporation of the City of Toronto v. Virgo, 1896 AC 88: 73 LT 449. 'Regulation' promotes the freedom or the facility which is required to be regulated in the interest of all concerned, whereas 'prohibition' obstructs or shuts off, or denies it to those to whom it is applied. The Oxford English Dictionary does not define 'regulate' to include prohibition so that if it had been the intention to prohibit the supply, distribution, consumption or use of energy, the Legislature would not have contended itself with the use of the word 'regulating' without using the word 'prohibiting' or some such word to bring out that effect, State of U.P. v. Hindustan Aluminium Corpn., AIR 1979 SC 1459 (1466): (1979) 3 SCC 229: (1979) 3 SCR 709....
In the pay of
In the pay of, in Shorter Oxford English Dictionary the expression 'in the pay of' is defined thus: To give money, etc., in return for something or in discharge of an obligation. Of a thing or action. To yield an adequate return. To give money or other equivalent value for. Similarly 'Payer' is defined thus: One who pays a sum of money. In Webster's Third New International Dictionary the expression 'in the pay of' is indicated to mean: Compensate, remunerate, satisfy, reimburse, indemnify, recompense, repay, M. Karunanidhi v. Union of India, AIR 1979 SC 898 (912): (1979) 3 SCC 431: (1979) 3 SCR 254.The phrase 'in the pay of' in clause Twelfth (a) does not inhere a master-servant or command-obedience relationship between the Government as the payer and the public servant as the payee and may comprehend a situation that the person may be in the pay of the government without being in the employment of the government or without there being a master-servant relationship, R.S. Nayak v. A.R. ...
Consummation
Consummation, of tenancy by the curtesy is when a husband, upon his wife's death, becomes entitled to hold her lands in fee simple or fee tail, of which she was seised during the marriage, for his own life, provided he has had issue by her, capable of inheriting. His estate becomes initiate upon birth of a child.Consummation, (1) the completion of a thing; (2) the completion of a marriage between wedded persons by cohabitation.Consummation, defined in Black's Law Dictionary, 6th Edn., 'the completion of a thing; the completion of a marriage by cohabitation between spouses', Babu S/o Raveendran v. Babu S/o Bahuleyan, (2003) 7 SCC 37.Consumption, means every fact which it is necessary to establish to support a right or obtain a judgment, Sadanandan Bhadran v. Madhavan Sunil Kumar, (1998) 6 SCC 514.The word consumption in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. But in some le...
Abridgment
Abridgment [fr. abreviamentum, Lat.], a large work contracted into a narrow compass; a summary, epitome, or compendium. As to how far this may be done without breach of copyright, see Butterworth v. Robinson, (1801) 5 Ves 709; but it has been doubted whether any abridgment is lawful under the Copyright Act, 1911....
Ameliorating waste
Ameliorating waste, acts which though technically amounting to what the law calls 'waste,' yet, so far from injuring the inheritance, improve it, see Doherty v. Allman, (1878) 3 App Cas 709; Meux v. Cobley, 1892 (2) Ch 253; and see Settled Land Act, 1925, ss. 88 & 89, as to improvements involving impeachment for waste....
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