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Section 3670 - Law Dictionary Search Results

Home Dictionary Name: section 3670 Page: 7

Giving away vessel

Giving away vessel, when a vessel finds herself so close to another vessel that a collision cannot be avoided by the action of the giving-way vessel alone, she must also take such action as will best aid to avert collision, Asiatic Steam navigation Co. Ltd. v. Sub-Lt.-Arabinda Chakravarti, AIR 1959 SC 597 (607): (1959) Supp 1 SCR 979.Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.Explanation 1.--A statement is within the meaning of this section whether it is made verbally or otherwise.Explanation 2.--A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating th...


Offence of adultery

Offence of adultery, the 'offence of adultery' as defined in s. 497, IPC, can only be committed by a man, not by a woman. Indeed, the section provides expressly that the wife shall not be punishable even as an abettor. No grievance can then be made that the section does not allow the wife to prosecute the husband for adultery. The contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime. The offence of adultery, as defined in s. 497, is considered by the Legislature as an offence against the sanctity of the matrimonial home, an act which is committed by a man, as it generally is. Therefore, those men who defile that sanctity are brought within the net of the law, Sowmithri Vishnu v. Union of India, AIR 1985 SC 1618: (1985) Supp SCC 137: (1985) Supp 1 SCR 741....


Entrepreneur

Entrepreneur, means a person who has been granted a letter of approved by the Development Commissioner, under sub-section (9) of section 15. [Special Economic Zones Act, 2005 (28 of 2005), s. 2(j)]A building or place where goods from abroad may be deposited and from which those goods may then be exported to another country without paying a duty, Black's Law Dictionary, 7th Edn., p. 554...


Employer

Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...


Eligible issue of capital

Eligible issue of capital, means an issue made by a public company formed and registered in India or a public financial institution and the entire proceeds of the issue are utilised wholly and exclusively for the purpose of any business referred to in sub-section (4) of section 80-IA. [Income-tax Act, 1961 (43 of 1961), s. 80C(2)(xix) Expl. (i)]...


Object of general public utility

Object of general public utility, an object beneficial to a section of the public is an object of general public utility. To serve a charitable purpose it is not necessary that the object should be to benefit the whole of mankind or all persons in a particular country or State. It is sufficient if the intention to benefit a section of the public as distinguished from a specified individual is present, Ahmedabad Rana Caste Association v. CIT, AIR 1972 SC 273 (275): (1972) 3 SCC 475....


Programme officer

Programme officer, means an officer appointed under sub-section (1) of section 15 for implementing the scheme. [The National Rural Employment Guarantee Act, 2005, s. 2(m)]...


Perjury

Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...


Reserve Bank

Reserve Bank, means the Reserve Bank constituted under s. 3 of the Reserve Bank of India Act, 1934. [See Reserve Bank of India Act, 1934, s. 3]Means the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). [Madhya Pradesh Rajkoshiya Uttardayitva Avam Budget Praobandhan Adhiniyam, 2005, R. 2(h)]Means the Reserve Bank of India constituted under sub-s. (1) of s. 3 of the Act, 1934 (Act No. 2 of 1934), Rajasthan Agricultural Produce Market Act, 2005, s. 2(1).Means the Reserve Bank of India constituted under s. 3 of the Reserve Bank of India Act, 1934 (2 of 1934), the Special Economic Zones Act, 2005, s. 2(x)....


Wills

Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...



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