Shah - Law Dictionary Search Results
Home Dictionary Name: shahPeacock Throne
A famous throne formerly of the kings of Delhi India but since 1739 when it was carried off by Nadir Shah held by the shahs of Persia now Iran so called from its bearing a fully expanded peacocks tail done in gems...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Kayemi
Kayemi, the word 'kayemi' is never used, in describing zamindari interesting land. The word is always used in connection with the description of tenants' rights in land and it means a permanent occupancy holding, Nahar Lal Shah v. Baij Nath Shah, AIR 1928 Cal 385....
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Regularly
Regularly, the word 'regularly' in clause (b) of s. 12(3) has a significance of its own. It enjoins a payment or tender characterised by reasonable punctuality, that is to say, one made at regular times or intervals. The regularity contemplated may not be a punctuality, of clock-like precision and exactitude, but it must reasonably conform with substantial proximity to the sequence of times or intervals at which the rent falls due, Mranalini B. Shah v. Bapalal Mohanlal Shah, AIR 1980 SC 954 (956): (1980) 4 SCC 251. [Bombay Rents, Hotel and Lodging House Rates Contral Act, 1947, s. 12(3)(b)](ii) The word 'regularly' to mean payment of rent in a uniform and consistent manner without any breach or default. The legislature never contemplated that a single default could be condoned. This inference is fortified by the words 'without sufficient cause'. A correct interpretation of the plain language and the words and phrases used in cl. (ii) of s. 9(1) of the Act seems that the word 'regular' ...
Week
Week, in the Shorter Oxford English Dictionary (Third Edition), the word 'week' has been described as meaning 'the cycle of seven days, recognized in the calendar of the Jews and thence adopted in the calendar of Christian, Moham-medan and various other peoples. A space of seven days, irrespective of the time from which it is reckoned. Seven days as a term for periodical payments (of wages, rent, or the like), or as a unit of reckoning for time of work or service'. In Webster's New World Dictionary (1962 Edition), the meaning of the word 'week' is given as 'a period of seven days, especially one beginning with Sunday and ending with Saturday; the hours or days of work in a seven-day period'. In Stroud's Judicial Dictionary (Third Edition), it is stated that '(1) though a week usually means any consecutive seven days, it will sometimes be interpreted to mean the ordinary notion of a week reckoning from Sunday to Sunday and (2) probably, a week usually means seven clear days'. A 'week' a...
Wharfage
Wharfage, money paid for landing goods at a wharf, or for shipping and taking goods into a boat or barge thence. Raichand Amulakh Shah v. Union of India, AIR 1964 SC 1268; see London County Council v. General Steam Nav. Co. Ltd., (1907) 97 LT 863; and Harbours and Clauses Act, 1847, and Port of London (Consolidation) Act, 1920, supra.It means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal. [Railways Act, 1989, s. 2 (41)]As the wharfage and demurrage are charges in respect of goods unloaded from wagons and kept at the station, and also in respect of goods kept on platforms of the station, the said charges could certainly be described as charges in respect of the station, Raichand Amulkah Shah v. Union of India, AIR 1964 SC 1268 (1271): (1964) 5 SCR 148. [Railways Act, 1890, s. 3(14)]1. The fee paid for landing, loading or unloading goods on a wharf2. The accommodation for loading or unloading goods on a wharf, Black's...
Padishah
Chief ruler monarch sovereign a title of the Sultan of Turkey and of the Shah of Persia...
Schah
See Shah...
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