Strict Construction - Law Dictionary Search Results
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strict construction : interpretation (as of a writing or legislation) based on a literal or technical understanding of the words used ...
Memorials or petitions
Memorials or petitions, according to the strict construction of the words of article 320(3)(c), an application for review would be covered by the words 'memorials or petitions', State of Uttar Pradesh v. Manbhodan Lal Srivastava, AIR 1957 SC 912 (916): 1958 SCR 533. [Constitution of India, Art. 320(3)(c)]...
Interpretation and construction
Interpretation and construction, The very concept of interpretation connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Though the words 'interpretation' and 'construction' are used interchangeably, the idea is somewhat different. Dr. Patrick Devlin says: A better word, I think, would be construction, because construction, although one often used it alternatively with interpretation, suggests that something more is being got out in the elucidation of the subject matter than can be got by strict interpretation of the words used. In the very full sense of the word 'construction' the judges have set themselves in this branch of the law to try to frame the law as they would like to have it, Commissioner of Wealth Tax v. Hashmatunnisa Begum, AIR 1989 SC 1024 (1929): (1989) Supp 2 SCC 43....
Sales tax
Sales tax, there is no equity about a tax in the sense that a provision by which a tax is imposed has to be construed strictly, regardless of the hardship that such a construction may cause either to the treasury or to the taxpayer. If the subject falls squarely within the letter of law he must be taxed, howsoever inequitable the consequences may appear to the judicial mind. If the revenue seeking to tax cannot bring the subject within the letter of law, the subject is free no matter that such a construction may cause serious prejudice to the Revenue, Murarilal Mahabir Prasad v. Shri B.R. Vad, AIR 1976 SC 313: (1975) 2 SCC 736: (1976) 1 SCR 689....
sexual harassment
sexual harassment : employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex ;also : the tort of engaging in such discrimination see also hostile environment sexual harassment, quid pro quo sexual harassment NOTE: Sexual harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment. ...
Constructionist
One who puts a certain construction upon some writing or instrument as the Constitutions of the United States as a strict constructionist a broad constructionist...
Exemption provision
Exemption provision, an 'exemption provision' is like an exception and on normal principle of construction or interpretation of statutes it is construed strictly either because of legislative intention or on economic justification of inequitable burden or progressive approach of fiscal provisions intended to augment state revenue, Union of India v. Wood Papers Ltd., AIR 1991 SC 2049 (2051): (1990) 4 SCC 256....
Remainder
Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...
practical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
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