Section 1997 - Law Dictionary Search Results
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Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Delegated legislation
Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.The Parliament lays down the principles of law an...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Proximate security
Proximate security, 'proximate security' means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his immediate family [Special Protection Group Act, 1988 (34 of 1988), s. 2(g)]Means protection provided from close quarters during journey by road, rail, aircraft, watercraft or on foot or any other means of transport, and shall include the place of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around and the rostrum and access control to the person or members of his immediate family. The mere fact that the protectee has to go to court as an undertrial, does not disentitle him to the proximate security, Commissioner of Polic...
Teacher
Teacher, includes a physical director, P.S. Ramamohan Rao v. Andhra Pradesh Agricultural University, 1977 Supreme Today 93: 1997 (8) SCC 350.Means a Principal, Professor, Assistant Professor, Reader, Lecturer or any other person holding a teaching post either on whole-time or part-time basis and appointed or recognised as such by the University for the purposes of imparting instruc-tion and conducting research in the University. [Bengal Engineering and Science University, Shibpur Act, 2004, s. 2(18)]Means the Professors, Readers and Lecturers appointed or recognised by the University. [University of Allahabad Act, 2005, s. 3(4)]Teacher, the Physical Director gives his guidance or teaching to the students only in the evenings after the regular classes are over. It may also be that the University has not prescribed in writing any theoretical and practical classes for the students so far as physical education is concerned. But as pointed by us earlier, among various duties of the Physical...
Unless the context otherwise requires
Unless the context otherwise requires, the said definition set out is to be applied and given effect to but this rule may be departed from if there be something in the context to show that the definition could not be applied, KV. Muthu v. Angamuthu Ammal, AIR 1997 SC 628: (1997) 2 SCC 53: (1997) 1 Supreme Today 13....
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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