Structures - Law Dictionary Search Results
Home Dictionary Name: structuresDoctrine of basic structure
Doctrine of basic structure, the doctrine of 'a basic structure' was nothing more than a set of obvious inferences relating to the intents of the Constitution-makers arrived at by applying the established canons of construction rather broadly, as they should be so far as an organic constitutional document, meant to govern the fate of a nation, is concerned. But, in every case where reliance is placed upon it, in the course of an attack upon legislation, whether ordinary or constituent (in the sense that it is an amendment of the Constitution), what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to be embedded in and to flow logically and naturally from the bases of that structure. In other words, it must be related to the provisions of the Constitution and to the manner in which they could indubitably be presumed to naturally and reasona...
Structure
Structure, the structure must be an entity in itself, although not necessarily a building in itself, adopted to the particular purpose it serves. In its ordinary sense a structure is something which is constructed by way of being built as is a building but method of construction by itself is not conclusive. Structure by itself may not be a building but it may be analogous to a buildings, outhouse, shed, hut or a stable, Municipal Corporation of Greater Bombay v. Indian Oil Corporation, AIR 1991 SC 686 (692): 1991 Supp (2) SCC 18. [Bombay Municipal Corporation Act, 1888, s. 3(s)]...
Dangerous structure
Dangerous structure. By s. 75 of the (English) Towns Improvements Clauses Act, 1847 (10 & 11 Vict. c. 34), which is incorporated (see s. 160) (English) in the Public Health Act,1875 (38 & 39 Vict. c. 55), any building deemed by the surveyor to be in a ruinous or dangerous state must be pulled down, repaired, or otherwise made secure. This provision is not confined to buildings, etc., adjacent to a highway; see L.C.C. v. Herring, (1894) 2 QB 522, a case decided under the (English) Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122). See also the London Building Act, 1930 (c. clviii.), ss. 128 et seq, and (English) Public Health Act, 1936, s. 58, enabling a local authority to apply to a Court of Summary Jurisdiction for an order to the owner to repair or demolish the structure, and upon failure by the owner the local authority may do the work and shore it up or fence it off; see also Housing Act, 1936....
Noise sensitive structures
Noise sensitive structures, means structures that require a quiet environment such as hospital, schools, government offices, research institutions and residential buildings, Noise Pollution (V), (In re:) (2005) 5 SCC 733....
Pucca structure
Pucca structure, means any structure constructed mainly of brick, stone or concrete or any combination of these materials, or any other material of a durable nature. [The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, s. 2(13)]...
Theory of basic structure
Theory of basic structure, the theory of a 'basic stru-cture' of the Constitution cannot be used to build into the Constitution an imaginary part which may be in conflict with constitutional provisions. The Constitution cannot have a base cut away from the superstructure. The theory of a basic structure of the Constitution as anything more than a part of a well-recognised mode of construing a document. The Constitution, like any other document, has to be read and construed as a whole, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1317): (1976) 2 SCC 521: (1976) Supp SCR 172....
Structural alteration, addition or renewal
Structural alteration, addition or renewal, shall not be deemed to include any renewal or replacement of a petty nature, when the part or fitting used for replacement is not inferior in strength, efficiency of otherwise to the replaced part or fitting. [Boilers Act, 1923 (5 of 1923), s. 2(g)]...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
House, Houses
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
geodesic dome
A domelike structure invented by R Buckminster Fuller in which straight structural parts are connected to form interlocking polygons affording great strength and rigidity combined with light weight The typical form has the outlines of the top half of an icosahedron with the triangular spaces filled with structural members forming triangles hexagons and squares...
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