Section 505 - Law Dictionary Search Results
Home Dictionary Name: section 505 Page: 5Supplies and services
Supplies and services, all supplies are not services and all services are not supplies but the complex needs and samenities of modern life and the multifarious obligations of a welfare State mingle supplies and services so much that the concentric circle geometry becomes a misleading stroke of conceptualism in this journal area. For example, an essential commodity is at once a supply and a service. Rushing food supplies to a nation in hunger is a composite operation of supplies and services essential to the life of the community and the order is not bad because it telescopes both, Jagdish Prasad v. State of Bihar, AIR 1974 SC 911: (1974) 4 SCC 455: (1974) 3 SCR 369.Indulging in black-marketing is conduct which is prejudicial to the maintenance of supplies. It is hardly necessary to read supplies conjunctively with services as was contended although cases may exist where supplies and services may both be affected. The word 'and' is not used conjunctively but disjunctively. If sweepers' ...
Restoration
Restoration, Restoration under s. 70 of the Indian Contract Act means that the defendant would have to restore the goods to the plaintiff by delivering the same to the plaintiff. As long as there is intimation by the defendant to the plaintiff that the plaintiff can take back the goods the defendant evinces intention of restoration, Union of India v. Sita Ram Jaiswal, AIR 1977 SC 329 (331): (1976) 4 SCC 505. (Contract Act, 1872, s. 70)...
Restitution
Restitution, the restoring anything unjustly taken from another; also putting in possession of lands or tenements him who had been unlawfully disseised of them; a person being attainted of treason, etc., he or his heirs may be restored to his lands, etc., by royal charter of pardon.The word 'restitution' in its etymological sense means restoring to a party on the modification, variation or reversal of a decree what has been lost to him in execution of the decree or in direct consequence of the decree. In such a proceeding, the party seeking restitution is not required to satisfy the court about its title or right to the property save and except showing its deprivation under a decree and the reversal or variation of the decree, Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (46): (1984) Supp SCC 505: (1985) 1 SCR 287. (Civil Procedure Code, 1908, s. 144)Return or restoration of some specific thing to its rightful owner or status, Black's Law Dictionary, 7th Edn., p. 1315...
Memorandum of appeal
Memorandum of appeal, the memorandum of appeal contains the grounds on which the judicial examination is invited. For purposes of limitation and for purposes of the rules of the Court it is required that a written memorandum of appeal shall be filed, Laxmiratan Engg. Works Ltd. v. CST, AIR 1968 SC 488 (492): (1968) 1 SCR 505. (Civil PC, 1908, Order 41)...
Manufacturer
Manufacturer, in relation to any dangerous machine or any part thereof, means a person who, or a firm or a Hindu undivided family which--(i) makes or manufactures such dangerous machine or part thereof,(ii) makes or manufactures one or more parts and acquires the other parts of such dangerous machine and, after assembling those parts, claims the end product to be a product manufactured b himself, or itself, as the case may be.(iii) does not make or manufacture any part of such dangerous machine but assembles parts thereof made or manufactured by others and claims the end product to be a product manufactured by himself, or itself, as the case may be.(iv) puts, or causes to be put, his or its own mark on any complete dangerous machine made or manufactured by any other person and claims such product to be a product made or manufactured by himself, or itself, as the case may be. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (j)]It means a person who is engaged in the manufa...
Judicial service
Judicial service, the expression 'judicial service' can be defined as inclusive of a wide variety of offices connected with the administration of justice in one way or the other, Syed T.A. Naoshbandi v. State of J&K, (2003) 9 SCC 592 (604).The expression 'Judicial service' is defined in Article 236 (b) and it means service consisting exclusively of persons intended to fill the post of district Judge and other civil judicial posts inferior to the post of district judge, State of West Bengal v. Nripendranath Bagchi, AIR 1966 SC 447 (450): (1966) 1 SCR 771.The expression 'Judicial Service' means a service consisting exclusively of persons intended to fill the post of District Judge and other Civil Judicial posts inferior to the District Judge and the ex-pression 'District Judge' includes among others an Additional District Judge and an Additional Sessions Judge, State of Assam v. Kuseswar Saikia, AIR 1970 SC 1616 (1618): (1969) 3 SCC 505, See also Chandra Mohan v. State of Uttar Pradesh, ...
Holding over
Holding over, keeping possession of land by a lessee after the expiration of his term, whereby if the possession is against the will of the landlord, he becomes a trespasser, but if he remains with the consent of the landlord, he becomes a tenant at will or he may simply remain on sufferance; if subsequent rent is accepted by his landlord he usually becomes tenant from year to year on the terms of the expired lease, Hyatt v. Griffiths, (1851) 17 QB 505.A tenant wrongfully holding over premises of which the value does not exceed 100l. a year may be ejected by proceedings in the county Court, under the County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), or if the term do not exceed seven years, or the rent 20l. a year, by proceedings before justices of the peace under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74). See also DOUBLE RENT; DOUBLE VALUE...
Heard
Heard, The word 'heard' means that cases which have already been instituted or filed at Lucknow may in the discretion of the Chief Justice under the second proviso to paragraph 14 of the U.P. High Court (Amalgamation) Order, 1948 be directed to be heard at Allahabad, Nasiruddin v. State Transport Appellate Tribunal, AIR 1976 SC 331: (1975) 2 SCC 671: (1976) 1 SCR 505 [U.P. High Courts (Amalgamation) Order, 1948 (Para 7, 14)]...
Official
Official, according to the dictionary, means pertain-ing to an office, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31 (38); See also State of Orissa v. Ganesh Chandra Jew, (2004) 8 SCC 40. (Criminal PC, 1973, s. 197)Official, formal; authorised.In the Civil Law, he is a minister of, or attendant upon, a magistrate. In the Canon Law, he is the person to whom a bishop commits the charge of his spiritual jurisdiction; there is one in every diocese, called officialis principalis, i.e., chancellor; the rest,if there are more, are officiales foranei, i.e., commissaries. in our statute she is the person whom the archdeacon appoints as his substitute. Wood's Inst. 30, 505...
From time to time
From time to time, The words 'from time to time' suggests not only that judges may come from Allahabad to Lucknow or vice versa but also that the number may be increased or decreased according to exigencies. The only limitation on the number is that it shall not be less than two, Shri Nasiruddin v. State Transport Appellate Tribunal, AIR 1976 SC 331: (1975) 2SCC 671: (1976) 1 SCR 505....
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