Shall Have Regard To - Law Dictionary Search Results
Home Dictionary Name: shall have regard toShall have regard to the provisions of this Act
Shall have regard to the provisions of this Act, words 'shall have regard to the provisions of this Act' merely mean that 'where the new Act has slightly modified or clarified the previous provisions, these modifications and clarifications should be applied', Karam Singh Sobti v. Pratap Chand, AIR 1964 SC 1305: (1964) 4 SCR 647.The expression 'shall have regard to the provisions of this Act' merely means that where the new Act had slightly modified or classified the previous provisions these modifications and clarifications should be applied. These words did not take away what was provided by sub-s. (2) of s. 57 and ordinarily the old Act would apply to pending proceedings, S. Kartar Singh v. Chamanlal, AIR 1969 SC 1288: (1969) 1 SCC 760: (1970) 1 SCR 9....
Shall have regard to
Shall have regard to, the expression 'shall have regard to' had been subject to judicial inter-pretation in Ryots of Garabandho and Other Villages v. Zamindar of Parlakimedi, AIR 1943 PC 164: 210 IC 239: (1943) 2 MLJ 254. It only means 'take into consideration', Southern Pharmaceuticals and Chemi-cals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519....
Have regard to
Have regard to, means that the factors specifically enumerated shall be taken into account while performing the exercise which in this case is the fixation of uniform tariffs, Hindustan Zine Ltd. v. Andhra Pradesh State Electricity Board, AIR 1991 SC 1473 (1484): (1991) 3 SCC 299.The expression 'have regard to' only obliges the Government to consider as relevant data material to which it must have regard, Saraswati Industrial Syndicate Ltd. v. Union of India, AIR 1975 SC 460: (1974) 2 SCC 630: (1975) 1 SCR 956....
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....
Presumption of fact
Presumption of fact, is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when s. 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case, State of West Bengal v. Mir Mohd. Omar, (2000) 8 SCC 382 (392). (Evidence Act, 1872, s. 114)...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Law Reform (UK)
Law Reform (UK). By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-(a) shall not include any exemplary damages;(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.See Rose v. Ford, (1937) 53 TLR 873.The right...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
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