Section 37 - Law Dictionary Search Results
Home Dictionary Name: section 37All acts theretofore
All acts theretofore, occurring under section 37(1) of the Provincial Insolvency Act will not include the judicial order passed by the court, Tukaram Ramchandra Mane v. Rajaram Bapu Lakule, (1998) 4 SCC 317....
Undivided shares in land
Undivided shares in land. Before 1926 a legal estate in undivided shares in land was held by joint tenants, tenants in common, coparceners, and by husband and wife as tenants by entireties (see those titles), but now by the Law of Property Act, 1925, s. 1 (6), a legal estate is not capable of subsisting or of being created in an undivided share inland, and by the same s. 1 (3) and ss. 34 (4), 205, and 1st Sch., Part IV., and cf. TRUST FOR SALE, such shares are to take effect as equitable interests only in the net proceeds of sale and of the rents and profits of the entirety of the land until sale, while the legal estate must be held by trustees for sale of the entire undivided property. It should be noticed that shares only are affected by these provisions. The legal estate in the joint tenancy in the entirety of the trustees for sale persists ex necessitate rei, and this is given effect to by s. 36, as amended, prohibiting severance of the legal estate in joint tenancy and providing f...
Weaker section of society
Weaker section of society, the expression 'weaker sections of society' includes also citizens of 'backward classes' who are covered by notification issued in pursuance to articles 15(4) and 16(4) of the Constitution, AIR 1988 MP 142 (144). [Constitution of India, Arts. 15(4) & 16(4)]Members of the Scheduled Castes and Schedules Tribes have ordinarily been accepted as belonging to the weaker sections. Attempt to bring in the test of economic means has often been tried but no guideline has been evolved. Apart from the members of the Scheduled Castes and Scheduled Tribes, there would be millions of other citizens who would also belong to the weaker sections. The Constitution makers intended all citizens of India belonging to the weaker sections to be benefited when Article 46 was incorporated in the Constitution. Parliament in adopting the same language in s. 21 of Act also intended people of all weaker sections to have the advantage. It is, therefore, appropriate that the Central Governm...
Sub-section
Sub-section, means a sub-section of the sections in which the word occurs. [General Clauses Act, 1897, s. 3(61)]Sub-section, shall mean a sub-section of the section in which the word occurs. [General Clauses Act, 1897, s. 3(61)]...
Section
Section, means section of the Act or Regulation in which the word occurs. [General Clauses Act, 1897, s. 3(54)]The word 'section' denotes one of the those portions of a Chapter of this Code which are distinguished by prefixed numeral figures. [Penal Code (45 of 1860), s. 50]Section shall means a section of the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897), s. 3(54)]...
Under this section
Under this section, the words 'under this section' in the Explanation are significant relating, as it does, to the governing topic in the section, namely, computation of the period of limitation, Udayan Chinubhai v. R.C. Bali, AIR 1977 SC 2319 (2326): (1977) 4 SCC 309: (1978) 1 SCR 547. [Limitation Act, 1963, s. 12(2)]...
Sectionality
The state or quality of being sectional sectionalism...
Weaker sections
Weaker sections, 'weaker sections', in this context, means not every 'backward class' but those dismally depressed categories comparable economically and educationally to Scheduled Castes and Scheduled tribes, State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906. (Constitution of India, Art. 46)...
Poorer sections
Poorer sections, the expression 'poorer sections' de-notes a division among socially and educationally backward classes on economic criterion, Indira Sawhney v. Union of India, AIR 1993 SC 477 (632). [Constitution of India, Art. 16(4)]...
Section or class of Hindus
Section or class of Hindus, the expression 'Section or class of Hindus' includes any division, sub-division, caste, sub-caste, sect or denomination whatsoever of Hindus', Shastri Yagnapurushdasji v. Muldas Bhundardas Vaishya, AIR 1966 SC 1119: (1966) 3 SCR 242....
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