Section 190 - Law Dictionary Search Results
Home Dictionary Name: section 190 Page: 4Civil proceeding
Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
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 ...
good
good bet·ter best 1 : commercially sound or reliable [a risk] 2 a : valid or effectual under the law b : free of defects 3 a : characterized by honesty and fairness b : conforming to a standard of virtue [shall hold their offices during behavior "U.S. Constitution art. III"] ;also : characterized by or relating to good behavior n 1 : advancement of prosperity and well-being [for the of the community] 2 : an item of tangible movable personal property having value but usually excluding money, securities, and negotiable instruments usually used in pl. : as a pl : all things under section 2-105 of the Uniform Commercial Code that are movable at the time of identification to the contract for sale other than the money that is to be paid, investment securities, and choses in action b pl : all things under section 9-104 of the Uniform Commercial Code that are movable at the time that a security interest in them attaches or that are fixtures but excluding money, documents,...
power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Law Reform (UK)
Law Reform (UK). By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-(a) shall not include any exemplary damages;(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.See Rose v. Ford, (1937) 53 TLR 873.The right...
London, Port of
London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Special Economic Zone
Special Economic Zone, means a specifically delineated duty-free enclave, as if it were a foreign territory for the purpose of trade operations, duties and tariffs, having been declared and notified in the official Gazette as a Special Economic Zone by the Central Government. [West Bengal Special Economic Zone Act, 2003, s. 2(l)]Means each Special Economic Zone notified under the proviso to sub-section (4) of section 3 and sub-section (1) of section 4 (including Free Trade and Warchousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005 (28 of 2005), s. 2(za)]Means each Special Economic Zone notified under the proviso to sub-s. (4) of s. 3 and sub-s. (1) of s. 4 (including Free Trade and Warehousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005, s. 2(Za)]Means the area declared by the Government of India as the Special Economic Zones. [Gujarat Special Economic Zone Act, 2004, s. 2(n)]Means an area identified...
Appellate Tribunal
Appellate Tribunal, means an Appellate Tribunal established under sub-section (1) of section 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2(a)]Means Appellate Tribunal for Foreign Exchange established under section 18. [Foreign Exchange management Act, 1999]Means the Appellate Tribunal for energy Conservation established under section 30, Energy Conservation Act, 2001 (52 of 2001), s. 2(b)....
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