Section 27 - Law Dictionary Search Results
Home Dictionary Name: section 27 Page: 5Prior or previous
Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.The word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it but there are no such compelling circumstances justifying reading any such implication into s. 29(1). On the other hand, the indications are all to the contrary. On a perusal of the several, different sections of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1) and 30, it is to be seen that the expression 'permission' is qualified by the word 'previous' and in ss. 8(1), 8(2) and 31, the expression 'general or special permission' is qualified by the word 'previous', whereas in s.s 13(2), 19(1), 19(4), 20, 21...
clayton act
clayton act An amendment to the Sherman Act, the Clayton Act prohibits price discrimination, exclusive dealing contracts and mergers where the effect may lessen competition or tend to create a monopoly in commerce. (15 U.S.C. Sec. 12-27) Source: FindLaw ...
Intoxicating liquor
Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
Fund
Fund, the word 'fund' may, mean actual cash resources of a particular kind (e.g., money in a drawer or a bank), or it may be a mere accountancy expression used to describe a particular category which a persons uses in making up his accounts, R.K. Dalmia v. Delhi Administration, AIR 1962 SC 1821 (1834).Means the Building and Other Construction Workers' Welfare Fund of a Board constituted under sub-s. (1) of s. 24, See also Building and Other Construction Workers' Welfare Cess Act, 1996 (28 of 1996), s. 2(b), Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), s. 2(1)(k).A sum of money or other liquid assets established for a specific purpose, Black's Law Dictionary, 7th Edn., p. 682.Means the fund of the institute to be maintained under s. 19, National Institute of Fashion Technology Act, 2006, s. 2(f).Means the advocates' welfare fund constituted under sub-section (1) of s. 3, Advocates Welfare Fund Act, 2001, s. 2(g)....
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Deceit
Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or without caring whether it was true or not, and intending that the plaintiff should rely upon it and that the statement was relied upon by the plaintiff and caused damage; non-disclosure may be fradulent, see Suppressio veri, suggestio falsi,' and Cackett v. Keswick, (1902) 2 Ch 456, and Christine Ville Rubber Estates, (1911) 28 TLR 38, and CONCEALMENT [Smith v. Chadwick, (1884) 9 AC 187, and Dery v. Peek, (1889) 14 App Cas 337]. Under the (English) Companies Act, 1929, s. 37, a special action for deceit will lie at the instance of any subscriber for shares or debentures who has subscribed for these on the faith of a prospectus inviting him to subscribe against any director, or person named or referred to as a director in the prospe...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Bargain for votes
Bargain for votes, a bargain for the purposes of this s. does not mean that the candidate or his agent makes an offer and the voter accepts it in the sense that he promises to vote. It is enough if the candidate or his agent makes the gift or promise on that condition. If a candidate or his agent pays money to a voter saying that he wants him to vote it is a bargain for the purposes of this section. It is not necessary that the voter should say that he would vote and thereafter the candidate or his agent should pay the money, S. Iqbal Singh v. S. Gurdas Singh, AIR 1976 SC 27 (35): (1976) 3 SCC 284. [Representation of the People Act, 1951, s. 123(1)]...
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 ...
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