Seth - Law Dictionary Search Results

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Whoever

Whoever, includes association of persons, such as firm, and does not connote natural person alone, M/s Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364.The word 'whoever' in sub-s. (1) of s. 23 of the Foreign Exchange Regulation Act, 1947 before its amendment was comprehensive enough to include an association of persons, such as a firm, and did not connote a natural person alone, Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364 (1367): (1987) 3 SCC 27: (1987) 3 SCR 137. [Foreign Exchange Regulation Act, 1947, s. 23(1), 239c), 12(c) (as stood prior to the Amendment Act, 39 of 1957]The word 'whoever' occurring at the opening part of s. 202 of the Penal Code refers to a person other than the offender and has no application to the person who is alleged to have committed the principal offence. This is so because there is no law which casts a duty on a criminal to give information which would incriminate himself. That apart ...

Seth

An evil beast headed god with high square ears and a long snout his was the brother and murderer of Osiris Called also Set...

Accrue and arise

Accrue and arise, the words 'accrue' and 'arise' do not mean actual receipt of the profits or gains. Both these words are used in contradistinction to the word 'receive' and indicate a right to receive, Seth Pushalal Mansighka (P.) Ltd. v. C.I.T., AIR 1967 SC 1626 (1629): (1967) 3 SCR 961. [Part 'B' States (Taxation Concessions Order), 1950, Para 4(1)(iii)]...

Contrary to law and not according to law

Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]...

Liability

Liability, anything for which a person is liable, Webster American Dictionary, p. 843.In U.K., a government servant is not personally liable on contracts which he executes in his official capacity unless he has intention to make himself personally liable, Commentary on the Constitution of India, Durga Das Basu, Vol. L, p. 112.The term 'liability' is of large and comprehensive signification, and when construed in its usual and ordinary sense, it expresses the state of being under obligation in law or in justice, First National Bank Ltd. v. Seth Sant Lal, AIR 1959 Punj 328 (330). (Companies Act, 1913, Sch. I, Table A, regn 28)...

Public prosecutor

Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...

Years

Years, must be interpreted in the sense of agricultural seasons, Sobhatiya v. Seth Bhugwandas, (1952) NLJ 168.The word 'years' in the plural has been retained in the Act by mistake or oversight and it should be read in the singular, Bhairendra Narayan Bhup v. State of Assam, 1956 SCR 303: AIR 1956 SC 503 (512). [Assam State Acquisition of Zamindari's Act (18 of 1951), s. 11]...

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