Section 69 - Law Dictionary Search Results

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Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...

Abusing children

Abusing children, having carnal intercourse with young girls. If the girl be under the age of 13 (formerly 10 and afterwards 12) years, the offences is a felony punishable with penal servitude for life; if the girl be above the age of 13 (formerly 10 and afterwards 12) and under 16 (formerly 12 and afterwards 13), the offence is a misdemeanour punishable by imprisonment, with or without hard labour, to the extent of two years, (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. C. 69), repealing the (English) Offences against the Person Act, 1875, repealing 24 & 25 Vict. C. 100, ss. 50, 51, which fixed lesser ages as above. The (English) Criminal Law Amendment Act, 1922 (12 & 13 Geo. 5, c. 56), amends the Act of 1885, so that in the case of the second of the above-mentioned offences, it shall be a sufficient defence if it shall be made to appear to the Court or jury that the person charged had reasonable cause to believe that the girl was of, or above the age of 16, but only if h...

Serving

Serving, a member of Air Force on leave is 'serving' within the meaning of the section, AIR 1970 P&H 351 (357). (Air Force Act, 1950, s. 9)Serving, must be construed in the wider sense in which a person employed by another is said to be serving him, merely by reason of the relationship created by the employment, Ajit Singh v. State of Punjab, AIR 1970 P&H 351: (1970) ILR 2 Punj 69: (1970) 72 Punj LR 396: (1970) Cr LJ 1119 (FB)...

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 ...

Building bye-law

Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....

Glazed tiles

Glazed tiles, the expression 'glazed tiles, is used in common parlance in connection with tiles on which there is a coating of melted glass. There is a clear distinction between glazing and polishing. The Indian Standard Glossary of terms relating to ceramic ware, gives the following definition. 'Glaze' a ceramic coating matured to glassy state on a formed ceramic article, or the materials or mixture from which the coating is made.' In the McGraw Hill Encyclopaedia of Science & Techno-logy 'glazing' is defined as: 'The application of finely ground glass, or glass forming materials or a mixture of both, to a ceramic body and heating (firing) to a temperature where the material or materials melt, forming a coating of glass on the surface of the ware'. In the book industrial ceramic by Felix Singer and Sonja S. Singer, it is stated: 'Glazes are thin layer of glass fused on to the surface of the body; they are applied to bodies to make them impervious, mechanically stronger and resistant t...

Habitual criminal

Habitual criminal, A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappubhan Navab Khan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti Social Activities Act (16 of 1985), s. 2(c)]. See PREVENTIVE DETENTION.A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be continuity in commission of those offences, R. Kalavathi v. State of Tamil Nadu, (2006) 6 SCC 14: (2006) 6 JT 69: (2006) 6 SCALE 385: (2006) 5 Supreme 116: (2006) 5 SLT 321: (2006) 6 SCJ 69: (2006) 7 SCJD 583: (2006) 8 SRJ 57: (2006) 3 SCC (Cri) 11: (2006) 3 Crimes 7 (SC): (2006) 2 JCC 1185: (2006) 3 Recent CR...

Tail

Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...

Trial

Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...

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