Sub Clause - Law Dictionary Search Results
Home Dictionary Name: sub clauseSub-clause
Sub-clause, means a division of a section, Webster American Dictionary, p. 1453.Sub-clause, means a sub-clause of the clause in which the expression occurs. [Constitution of India, Art. 366(27)]...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Chemical weapons
Chemical weapons, 'chemical weapons' means,--(i) the toxic chemicals and their precursors, except where intended for--(a) industrial, agricultural research, medical, pharmaceutical or other peaceful purposes; (b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (d) Law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes (ii) the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in sub-clause (i), which would be released as a result of the employment of such munitions and devices; and (iii) any equipment specifically designed for use directly in connection with the employment of ...
Fair market value
Fair market value.--(i) in relation to any immovable property transferred by way of sale or exchange, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the price that the immovable property would ordinarily fetch on sale in the open market on the date of execution of the instrument of transfer of such property;(ii) in relation to any immovable property transferred by way of lease, being immovable property of the nature referred to in sub-clause (i) of clause (e), means the premium that such transfer would ordinarily fetch in the open market on the date of execution of the instrument of transfer of such property, if the consideration for such transfer had been by way of premium only;(iii) in relation to any immovable property transferred, being immovable property of the nature referred to in sub-clause (ii) of clause (e), means the consideration in the form of money that such transfer would ordinarily fetch in the open market on the date of the tr...
Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
Sub-section
Sub-section, means a sub-section of the sections in which the word occurs. [General Clauses Act, 1897, s. 3(61)]Sub-section, shall mean a sub-section of the section in which the word occurs. [General Clauses Act, 1897, s. 3(61)]...
Save as otherwise provided by or under the Act
Save as otherwise provided by or under the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3) of Motor Vehicles Act, 1939 should be construed in a harmonious manner so that sub-clause (b) is not reduced to a nullity. The expression 'save as otherwise provided by or under the Act' would in the context mean, 'save as otherwise expressly barred by or under the Act'. If there is a provision which expressly debars the exercise of the power under sub-clause (b) in any case then only the State Transport Authority will not be able to exercise the powers and discharge the functions given in sub-clause (b). Otherwise there would be no such bar, State of Rajasthan v. Noor Mohammad, AIR 1973 SC 2729 (2732): (1972) 2 SCC 454: (1973) 1 SCR 841. [Motor Vehicles Act, 1939, s. 44(3)(b)]...
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Heritage building
Heritage building, means any building of one or more premises or any part thereof which requires preservation and conservation for historical, architectural environmental or cultural importance, and includes such portion of the adjoining such building or all parts thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), monuments of heritage importance, as defined in clause (i) of this section precincts or such other sites commonly considered for heritage importance, the West Bengal Heritage Commission Act, 2001, s. 2(f)....
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