State - Law Dictionary Search Results
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State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Inter-State Council
Inter-State Council, in Australia an inter-State Commission is established for the execution and maintenance within the Commonwealth of the provisions of the Australian Constitution relating to trade and commerce; in U.S.A. the Council of State Governments is created to consider inter-State problems of broadest character, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. K, p. 200.Inter-State Council, in India, the Inter-State Council is established by the President by an Order in the public interest the President defines the nature of duties to be performed by it and its organisation and procedure; the duties of the Council are:(a) to inquire into and advise upon disputes which may have arises between States;(b) to investigate and discuss subject of common interest between the Union and the States or between two or more States;(c) to make recommendation upon any such subject particularly for better co-ordination of policy and action with respect to that subject, ...
Inter-State transmission
Inter-State transmission, 'Inter-State transmission includes--(i) the conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State; (ii) the conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy. [Electricity Regulatory Co-mmission Act, 1998 (14 of 1998), s. 2(e)]Includes:(i) the conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State.(ii) the conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy.(iii) the transmission of energy within the territory on a system built, owned, operated, maintained or controlled by a central transmission utility or by any person under the supervision and control of a central transmission utility. [Elect...
State Government
State Government, has the same meaning as in the West Bengal Panchayat Act, 1973 (West Ben. Act 41 of 1973). [West Bengal Panchayat Elections Act, 2003, s. 2(25)]State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution. [Private Security Agencies (Regulation) Act, 2005, s. 2(i)]State Government, in relation to a Union territory, means the Administrator thereof. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(o)]State Government, is headed by the Governor who exercises the executive powers of the State. [Constitution of India, Art. 154(1)]State Government, its executive powers extend to the matters on which the State Legislature is em-powered to make laws, Constitution of India, Art. 162.Means a State Government of the State in which a Special Economic Zone is established or proposed to be established. [Special Economic Zones Act, 2005, s. 2(zb)]Me...
Arm of the State
Arm of the State, means an entity created by a State and operating as an alter ego or instrumentalities of the State, such as a State University or a State Department of U.S. Constitution generally bars suits in Federal Court by individuals against States. The amendment has been interpreted as protecting arms of the State as well as the State itself. Courts usually, find an entity to be an arm of the State if it operates without substantial autonomy from State regulation. For example, cities and local school districts have been held not to be arms of the State, Black Law Dictionary 7th Edn., p. 103....
Sale in the course of inter-State trade
Sale in the course of inter-State trade, a 'sale in the course of inter-State trade' in Article 286(2) of the Constitution includes a sale by a trader in one State to a consumer or user in another State. The ex-pression is not confined to sales between two traders only, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.A sale which occasions movement of goods from one State to another is a sale in the course of inter-State trade, no matter in which State the property in the goods passes; (2) it is not necessary that the sale must precede the inter-State movement in order that the sale may be deemed to have occasioned such movement; and (3) it is also not necessary for a sale to be deemed to have taken place in the course of inter-State trade or commerce, that the covenant regarding inter-State movement must be specified in the contract itself. It would be enough if the movement was in pursuance of and in-cidental to the contract of sale, Union of India v. ...
For the purpose of consumption in the State
For the purpose of consumption in the State, The expression 'for the purpose of consumption in that State' occurring in clause (1)(a) with the Explana-tion of article 286 must be understood as having reference not merely to the individual importer or purchaser but as contemplating distribution eventually to consumers in general within the State. Thus all buyers within the State of delivery from out-of-State sellers, except those buying for re-export out of the State, would be liable to be taxed by the State on their inter-State transactions, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069....
Inter-State transmission system
Inter-State transmission system, includes--(i) any system for the conveyance of electricity by means of main transmission line from the territory of one State to another State;(ii) the conveyance of electricity across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of electricity;(iii) the transmission of electricity within the territory of a State on a system built, owned, operated, maintained or controlled by a Central Transmission Utility. [Electricity Act, 2003 (36 of 2003), s. 2(36)]The 'inter-State transmission system' means any system for transmission of electricity other than an inter-State transmission system. [Electricity Act, 2003 (36 of 2003), s. 2(37)]...
Whoever legally bound by an oath or by an express provisions of law to state the truth
Whoever legally bound by an oath or by an express provisions of law to state the truth, The opening words of s. 191 'whoever being legally bound by an oath or by an express provision of law to state the truth........' do not support the submission that a man who is not bound under the law to make an affidavit, can if he does make one, deliberately retrain from stating truthfully the facts which are within his knowledge. The meaning of these words is that whenever in a court of law a person binds himself on oath to state the truth he is bound to state the truth and he cannot be heard to say that he should not have gone into the witness box or should not have made an affidavit and therefore the submission that any false statement which he had made after taking the oath is not covered by the words of s. 191, IPC is not supportable. Whenever a man makes a statement in court on oath he is bound to state the truth and if he does not, he makes himself liable under the provisions of s. 193. It...
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