Substantial - Law Dictionary Search Results
Home Dictionary Name: substantialSubstantial question of law
Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...
substantial justice
substantial justice : justice of a sufficient degree esp. to satisfy a standard of fairness ;also : justice administered according to the substance and not necessarily the form of the law [all pleadings shall be so construed as to do substantial justice "Federal Rules of Civil Procedure Rule 8(f)"] see also fair play and substantial justice ...
Substantial portion of such goods
Substantial portion of such goods, the expression 'substantial portion of such goods' in s. 115(1)(e) has been used to mean substantial portion of the goods that have been imported keeping in view the quantity as well as the value of the goods that have been imported, India Steamship Co. Ltd. v. Union of India, AIR 1998 SC 1955 (1958): (1998) 4 SCC 293. [Customs Act, 1962 s. 115(1)(e)]...
Used substantially
Used substantially, 'used substantially' for the pur-pose of the mine or a number of mines under the same management, in relation to workshops. The use of the word 'and' makes both the conditions conjunctive. Sub-clause (xi) uses the words 'if solely used' for the location of the management, sale of liaison offices, or for the residence of officers and staff, of the mine, in relation to lands and buildings. The difference in language between the two expressions 'used substantially' and 'solely used' is obvious. It is therefore, possible to contend that lands and buildings appurtenant to a coal mine, if not exclusively used for purposes of the colliery business, would not come within the definition of mine in s. 2(h), i.e., it would depend upon the nature of user, and that the crucial date is the date of vesting, New Satgram Engineering Works v. Union of India, AIR 1981 SC 124: (1980) 4 SCC 570: (1981) 1 SCR 406....
fair play and substantial justice
fair play and substantial justice : a requirement or standard of fairness which a court's assertion of personal jurisdiction over a nonresident defendant must meet in order to avoid a violation of the defendant's right to due process see also minimum contacts International Shoe Co. v. Washington in the Important Cases section NOTE: In International Shoe Co. v. Washington, the Supreme Court held that in order for a state court to exercise jurisdiction over a defendant whose residence is elsewhere, the court must establish that the defendant has such minimum contacts with the state that the exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice. Among the factors used to make this determination are the difficulty for the defendant of appearing in the court, the state's interest in deciding the case, and the plaintiff's interest in the convenience of the court and the effectiveness of the relief to be obtained there. ...
substantial compliance
substantial compliance : compliance with the substantial or essential requirements of something (as a statute or contract) that satisfies its purpose or objective even though its formal requirements are not complied with ...
Company in which the public are substantially interested
Company in which the public are substantially interested, the public is beneficially interested in 25 per cent. of the voting power, Shree Changdeo Sugar Mills Ltd. v. Commissioner of Income Tax, AIR 1961 SC 1154: (1961) 2 SCR 990.A company would be deemed to be one in which the public are substantially interested, where more than half the voting power is vested in the public, Commissioner of Income Tax v. Amrutanjan Ltd., AIR 1964 SC 1804: (1964) 8 SCR 9. [Income-tax Act, 1922 s. 23A(1)]...
Defect of substantial character
Defect of substantial character, failure to file the nomination papers well within the time is held to be a 'defect of substantial character' rendering nomination paper liable to be rejected, Harjit Singh Manni v. S. Umroo Singh, AIR 1980 SC 701 (704): (1980) 1 SCC 713. [Representation of the People Act, (43 of 1951), s. 36(4)]...
Substantial
Substantial, question of law - The word substantial, as qualifying 'question of law', means - of having substance, essential, real, of sound worth, important or considerable. It is to be understood as something in contradistinction with - technical, of no substance or consequence, or academic merely, Santosh Hazari v. Purushottam Tiwari, AIR 2001 SC 965 (968): (2001) 3 SCC 179. (Civil PC, 1908 s. 100)...
Substantial and compelling reasons
Substantial and compelling reasons, the different phraseology used in the judgments of this Court, such as, (i) 'substantial and compelling reasons', (ii) 'good and sufficiently cogent reasons', and (iii) 'strong reasons' are not intended to curtail the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and to come to its own conclusion; but in doing so it should not only consider every matter on record having a bearing on the questions of fact and the reasons given by the court below in support of its order of acquittal in its arriving at a conclusion on those facts, but should also express those reasons in its judgment, which lead it to hold that the acquittal was not justified, Sanwat Singh v. State of Rajasthan, AIR 1961 SC 715 (719): (1961) 3 SCR 120....
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