Shall Be Final - Law Dictionary Search Results
Home Dictionary Name: shall be final Page 1 of about 35 results (0.004 seconds)Shall be final
Shall be final, sub-s. (5) of s. 35 after the amendment states that the decision of the Commissioner of Sales Tax under this s. shall, subject to an appeal to the Tribunal, be final. In view of the language of the s., in our opinion, it cannot contemplate a further revision to the High Court against a decision of the Tribunal. 'Shall be final' means it is final and there is an end, Commissioner of Sales Tax v. Super Cotton Bowl Refilling Works, AIR 1989 SC 922: (1989) 1 SCC 643: (1989) 1 SCR 421...
Heard and finally decided
Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Money of account, money of measurement money of payment
Money Bill, cannot be introduced in the Council of States. [Constitution of India, Art. 109(1)]Money Bill, cannot be referred to Joint Committee, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 74.Money Bill, in India, the Speaker endorses certificate on Money Bill, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 96.Money Bill, is a Bill which contains only provisions dealing with the imposition, repeal, remission, alteration or regulation of taxation etc., Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 806.Money Bill, on a Bill being introduced in the Council at a subsequent stage if an objection is taken that the Bill is a Money Bill, the Chairman shall, if he holds the objects valid, direct the termination of further proceeding of the Bill. If Chairman is doubtful regarding the validity of the objection, he shall refer the matter to the Speaker whose decision on the matter shall be final, Rules of Procedure and Cond...
Leader of the opposition
Leader of the opposition, relation to either House of Parliament, means that member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.Explanation.--Where there are two or more parties in opposition to the Government, in the Council of States or in the House of the People having the same numerical strength, the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this s. and such recognition shall be final and conclusive. Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977), s. 2....
Nuclear weapon or other nuclear explosive device
Nuclear weapon or other nuclear explosive device, means any nuclear weapon or other nuclear explosive device as may be determined by the Central Government, whose determination in the matter shall be final [Weapons of Mass Destruction and their Delivery Systems (Prohibitions of Unlawful Activities Act, 2005 (21 of 2005), s. 4(b)]...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Marriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
Centrocen clause
Centrocen clause, which provides; any claim must be made in writing and claimant's arbitrator appointed within nine months of final discharge, and where this provision is not complied with the claim shall be deemed to be waived and absolutely barred, Halsbury's Laws of England, Vol. 2, para 652, p. 363....
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