Substantial Part - Law Dictionary Search Results
Home Dictionary Name: substantial partSubstantial part
Substantial part, might suggest a quantitative test, or at least the ability to identify some discrete part which, or quantitative or qualitative grounds, can be regarded as substantial, it is clear upon the authorities that neither is the correct test, L.B. (Plastics) Ltd. v. Swish Products Ltd., (1979) RPC 551....
Part
Part, 'part' does not necessarily mean a substantial part and that it will be open to the court in every case which comes up before it to examine whether the contribution made by the State satisfies the requirement of the law; Somawanti v. State of Punjab, AIR 1963 SC 151 (169). [Land Acquistion Act, 1894, s. 6(1) Proviso]The word 'part' must mean an appreciable amount and not an insignificant one. The 'part' in other words, must be substantial part. What is substantial would depend upon the facts and circumstances of each case, Municipal Corporation of Delhi v. Children Book Trust, (1992) 3 SCC 390 AIR 1992 SC 1456 (1471). [Delhi Municipal Corporation Act, 1957 (66 of 1957), s. 115 (4)(a), proviso]Means a Part of this Constitution. [Constitution of India, Art. 366(16)]Shall mean a Part of the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897), s. 3(40)]...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Substantial 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...
component part
component part : something (as a building or part of a building) that cannot be removed without substantial damage to itself or to the immovable property to which it is attached ...
Part of a building
Part of a building, the interpretation put by the Kerala High Court on s. 2(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for holding that the words 'part of a building' mean the land on which the building has been constructed is not correct. The provisions of the State Rent Act clearly show that the State Rent Act is a self-contained Act and the rights and liabilities of landlord and tenant are determined by the provisions contained therein and not by the provisions of the Transfer of Property Act or any other law. The rights of a landlord under the general law are substantially curtailed by the provisions of the State Rent Act as the Act is designed to confer benefit on tenants by providing accommodation and to protect them from unreasonable eviction, Vannattankandy Ibrayi v. Kunhabdulla Hajee, (2001) 1 SCC 564 (576)....
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. ...
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