Sub Not - Law Dictionary Search Results
Home Dictionary Name: sub not Page 1 of about 78 results (0.003 seconds)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...
Notice of dishonour
Notice of dishonour. The 49th section of the Bills of Exchange Act,1882, contains fifteen rules as to notice of dishonour, of which the more important are these:-The notice must be given by or on behalf of the holder or of an indorser himself liable (sub-s. 1).The notice may be given in writing or by personal communication. If written it need not be signed, and an insufficient written notice may be supplemented by a verbal communication (sub-ss. 5, 7).The notice may (sub-s. 12) be given as soon as the bill is dishonoured, and must be given within a reasonable time thereafter. In the absence of special circumstances notice is not deemed to have been given within a reasonable time, unless--(a) When the person giving and the person to receive notice reside in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill.(b) Where the person giving and the person to receive notice reside in different places, the notice is sent off on...
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)]...
Has sublet
Has sublet, when s. 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949 speaks of a tenant who 'has sublet', it refers to a tenant who has entered into a transaction of subletting. And the transaction of subletting is referable to a single point of time. It is the moment when the act effecting the subletting is completed, Gurcharan Singh v. V.K. Kaushal, AIR 1980 SC 1866: (1980) 4 SCC 244: (1981) 1 SCR 490.The words taken within their sweep any sub-letting which was made in the past and has continued up to the present time. It does not matter that the sub-letting was either before or after the Act came into force. All such sub-lettings are within the purview of clause (e) of the s. 13(1), Gappulal v. Thakurji Shriji, AIR 1969 SC 1291 (1294): (1969) 1 SCC 782. [Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950), s. 13(1) (e)]...
Spouse
Spouse, the word 'spouse' has been understood to connote a husband or a wife which term itself postulates a subsisting marriage. The word 'spouse' in sub-s. (1) of s. 5 cannot be interpreted to mean a former spouse because even after the divorce when a second marriage is contracted if the former spouse is living that would not prohibit the parties from contracting the marriage within the meaning of clause (i), sub-s. (1) of s. 5 by its very context would not include within its meaning the expression 'former spouse', Lila Gupta v. Laxmi Narain, AIR 1978 SC 1351 (1356): (1978) 3 SCC 258: (1978) 3 SCR 922. See also AIR 1971 Cal 307 (309).One's husband or wife by lawful marriage; a married person, Black's Law Dictionary, 7th Edn., p. 1410...
Shearing
Shearing, involve an assortment and variety of processes some of which might and some others might not affect or alter the nature of the fabric representing a number of sub-species of operations which depending upon the nature of the particular operation may or may not alter the nature of the grey fabric as such, Mafatlal Fine Spinning and Mfg. Co. Ltd. v. CCE, AIR 1989 SC 784 (787). [Central Excise Rules, 1944, R. 49A(1)(b) and (2)]...
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...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
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