Section 110 - Law Dictionary Search Results
Home Dictionary Name: section 110 Page: 7One Hundred Thousand Pounds Clause
One Hundred Thousand Pounds Clause, a clause in the conveyance by the tenant-in-tail to the tenant to the pr'cipe, which provided that if the latter did not pay 100,000l. (or some other sum grossly in excess of the value of the land) on a specified date subsequent to the recovery, the estate of the tenant to the pr'cipe was to be avoided. See 1 Preston's Conveyancing, 109 and 110; and see RECOVERY....
On sufficient cause being shown
On sufficient cause being shown, the words 'on sufficient cause being shown' in the proviso to s. 110(2) of the Act indicates that the Collector of Customs must apply his mind to the point whether a case for extending the period of six months is made out, I.J. Rao, Asst. Collector of Customs v. Bibhuti Bhushan Bagh, AIR 1989 SC 1884: (1989) 3 SCC 202: (1989) 3 SCR 282....
Metals, dealers in old
Metals, dealers in old, defined as any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such Articles only, or together with second-hand goods or marine stores, and the term 'old metals' means the said Articles. See (English) Old Metal Dealers Act, 1861 (24 & 25 Vict. c.110), relating to their trade requiring registration, and giving powers of visitation and search to the police; s. 13 of the (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), by which any dealer in old metals who purchases any lead, copper, brass, tin, pewter, or German-silver in any quantity at one time less than 112 lb. in the case of lead, or than 56 lb. in the case of the other metals above mentioned, is guilty of an offence against the Act, and liable to a penalty not exceeding 5l. See also (English) Public Stores Act, 1875, ss. 9, 10, and 11 and Public Health Amendment Act,...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Narcotic drugs
Narcotic drugs, the word 'narcotic' is a substance which relieves pain, produces sleep, and in large doses brings on stupor, coma, and even death, as opium, hemlock, alcohol etc., Indian Chemical and Pharmaceutic Works v. State of Andhra Pradesh, AIR 1966 SC 713 (718): (1966) 2 SCR 110. (Constitution of India, Sch. VII, List II, Entry 5)...
Mitigation
Mitigation, abatement of anything penal, harsh, or painful. An address in mitigation is a speech made by the defendant or his counsel to the judge, after verdict or plea of guilty, and which may be followed by a speech in aggravation from the prosecuting counsel.By 27 & 28 Vict.c.110, justices were prohibited from mitigating minimum penalties in pursuance of any power of mitigating penalties conferred on such justices by any local or private Act of Parliament; but this Act is repealed, as to England, by the Summary Jurisdiction Act, 1879, which gives an al-most unlimited power of mitigating such penalties as may be imposed by justices. See also the Probation of Offenders Act,1907 (7 Edw. 7, c. 17).Mitigation, means measures aimed at reducing the impact or effects of a disaster. [Gujarat State Disaster Management Act, 2003, s. 2(m)]...
Revise
Revise, the word 'revise' meaning 'to re-examine, to review, to correct or to amend the fault', is not hedged or qualified by any condition or limitation, Ram Kanai Jamini Ranjan Pal Pvt. Ltd. v. Member Board of Revenue, AIR 1976 SC 1545: (1976) 3 SCC 369: (1976) Supp SCR 110. [Bengal Fiance (Sales Tax) Act, 1941, s. 20(3)]...
Mesne process
Mesne process, all those writs which intervene in the progress of a suit or action between its beginning and end, as contradistinguished from primary and final process. Thus, the capias or mesne process was issued after a writ of summons, which was the primary process, and before a capias ad satisfaciendum, which was the final process, or process of execution. See IMPRISONMENT.By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 1, the power of arrest upon mesne process was relaxed, and confined to the case of a debtor about to quit England, and where the amount of the debt was 20l. or upwards; and by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, it is enacted, that 'after the commencement of the Act a person shall not be arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action against the defendant to the amount of 50l. or upwards, and the defendant is about to quit England, and the absence of the defendant from Engla...
May have been allowed to officiate continuously
May have been allowed to officiate continuously, The words 'may have been allowed to officiate continuously' in clause (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)]...
May and shall
May and shall, The word 'may' in s. 363 does not mean 'shall', and that the Magistrate has under that s. a discretion whether he should pass an order for demolition or not, Corporation of Calcutta v. Mulchand Agarwala, AIR 1956 SC 110: (1955) 2 SCR 995.(ii) The word may' is capable of meaning 'must' or 'shall' in the light of the context and that where a discretion is conferred upon a public authority coupled with an obligation, the word 'may' which denotes discretion should be construed to mean a command, Shri Rangaswami, the Textile Commissioner v. Sagar Textiole Mills (P) Ltd., AIR 1977 SC 1516: (1977) 2 SCC 578: (1977) 2 SCR 825.(iii) As observed in Craies On Statute Law, 7th edn., page 229, the expression 'may' and 'shall' have often been subject of constant and conflicting interpretation. 'May' is a permissive or enabling expression but there are cases in which for various reasons as soon as the person who is within the statute is entrusted with the power, it becomes his duty to ...
- << Prev.
- Next >>