Section 4500 - Law Dictionary Search Results
Home Dictionary Name: section 4500 Page: 6Object held sacred
Object held sacred, the word 'object' has to be interpreted 'ejusdem generis' with a place of worship. Interpreted like that,it would mean that the section would apply only to cases where an idol in a temple is sought to be destroyed, damaged, or defiled. The words 'any object held sacred by any class of persons' even otherwise will apply only to idols in a temple or when they are carried out in processions on festival occasions, A. Veerabhadran Chettiar v. E.V. Ramaswami Naicker, AIR 1955 Mad 550. (Indian Penal Code, s. 295)Any object however trivial or destitute of real value in itself, if regarded as sacred by any class of persons would come within the meaning of the Penal Section, Veerabadran Chettiari v. E. V. Ramaswami Naicker, AIR 1958 SC 1032 (1035): 1959 SCR 1211. (Indian Penal Code, s. 295)...
Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955)
Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955), the amount payable to the person required to sell his stock of sugar would be with reference to the price fixed under the sub-section and not the agreed price or the market price in the absence of any controlled price under sub-section (3A) of the Essential Commodities Act, 1955; Panipat Co-operative Sugar Mills v. Union of India, AIR 1973 SC 537: (1973) 1 SCC 129: (1973) 2 SCR 860....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Legal practitioner
Legal practitioner, means an advocate [or vakil] or any High Court, a pleader, mukhtar or revenue agent. [Advocates Act, 1961 (25 of 1961), s. 2 (i)]It means an advocate entered in any roll under the provisions of the Advocates Act, 1961. [Notaries Act, 1952 (53 of 1952), s. 2 (c)]It shall have the meaning assigned to it in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (r)]...
Lawful guardian
Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever the relationship of a guardian and a ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384).The words 'lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person, Indian Penal Code, 1860, s. 361 Expl.Lawful increase means an increase in rent permitted under the provisions of this Act. [Delhi Rent Act, 1995 (33 of 1995), s. 2(f)]...
Infamous crime
Infamous crime. Sending any letter threatening to accuse another of an 'infamous crime,' whether the receiver be innocent or not, with intent to extort money, may be punished up to penal servitude for life by s. 46 of the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), which defines an infamous crime within the enactment as sodomy, or bestiality, or assault with intent or attempt to commit, or induce-ment to commit or permit, such crime. This section is repealed by the Larceny Act, 1916, which substantially re-enacts this section without the use of the words 'infamous crime' (s. 29).'...
Formal equality
Formal equality, means that law treates everyone equal and does not favour anyone either because he belongs to the advantaged section of the society or to the disadvantaged section of the society, M. Nagraj v. Union of India, AIR 2007 SC 71....
Hindu religious institutions
Hindu religious institutions, the Constitution of India guarantees freedom to profess, practice and propagate religion, however the Hindu religious institutions of a public character are open to all classes and sections of Hindus; Hindus include Sikhs, Jains and Budhists, Constitution of India, Art. 25(1) and (2)(b).The Hindu institutions of public character do not include private or family temples; but do not exclude denominational temples or temples founded for the benefit of particular sections of the Hindus, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol D, p. 230....
Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Gross total income
Gross total income, in view of s. 47(viii), the com-pensation which become payable to the appellant as a result of the acquisition of its agricultural land in 1962, was totally exempt from s. 45. Con-sequently, it did not amount to 'income' within the scope of section 2(24)(vi) as there was no capital gain within the meaning of s. 45. It was also not to be included while computing the total income of the appellant as defined in s. 2(45) of the Act. Thus, the amount of compensation received by the appellant could not have formed part of the 'gross total income' within the meaning of section 109(iv) of the Act, Income Tax Act, 1961 ss. 2(24)(vi), 2(45), 45, 47(viii) and ss. 109(iv) & (i); Delhi Farming & Construction (P) Ltd. v. Commissioner of Income Tax Delhi, (2003) 5 SCC 36; Also Caradamom Marketing Co. (Trav.) Ltd. v. CIT, (1986) 158 ITR 621 (Ker)....
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