Such - Law Dictionary Search Results
Home Dictionary Name: suchMay make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
Such court
Such court, 'Such Court' means in the context of that rule the Court in which the suit is pending. In other words, the suit must be one not only pending in that Court but also one against the holder of a decree of that Court, Shaukat Hussai alias Ali Akram v. Bhuneshwari Devi, AIR 1973 SC 528 (532): (1972) 2 SCC 731: (1973) 1 SCR 1022. (C.P.C., 1908, O. 21 R. 29)(ii) The words 'such Court' used in s. 195(1)(c) mean the very Court before which a party to a proceeding in that Court has produced or tendered in evidence a document in respect of which the offence is alleged to have been committed. Clause (c), means that it is that Court before which there is a proceeding and a party to such a proceeding is said to have committed an offence in respect of a document produced or tendered in evidence by him, on whose complaint the offence can be taken cognizance of, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639 (2651): (1973) 3 SCC 753: (1973) 2 SCR 66. [Criminal PC, (5 of 1898...
Such detention
Such detention, refers to preventive detention and not to any period for which such detention is to continue because the decision about the period of detention can only be taken by the detaining authority, State of West Bengal v. Ashok Dey, (1972) 1 SCC 199; Pooran Lal v. Union of India, 1958 SCR 460. [See Constitution of India, Art. 22(a)(4)]The expression 'such detention' in Article 22(4)(a) of the Constitution refers to preventive detention and not to an period for which such detention should continue and s. 11(1) of the Preventive Detention Act does not contravene the provision of Article 22(4) (a) of the Constitution, Puranlal Lakhanpal v. Union of India, AIR 1958 SC 163: (1958) SCR 460. See also State of West Bengal v. Ashok Dey, AIR 1972 SC 1660....
For such State or any part thereof
For such State or any part thereof, The expression 'for such State or any part thereof' occurring in article 246(3) of the Constitution of India cannot be taken to import into entry 54 of II List the restriction that the sale or purchase referred to must take place within the territory of that State. All that it means is that the laws which a State is empowered to make must be for the purposes of that State, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.For the most part, means more than half, Reg. v. H.M. Treasury, Ex parte Cambridge University (ECJ), (2001) 1 WLR 2514.For the purpose of business, amount spent on third persons who have no connection with petitioner's business. Such expenditure cannot said to be for the purpose of rationalisation of administration or modernization of machinery or for preservation of business or for protecting its assets and property, C.I.T. v. Malayalam Plantation Ltd., AIR 1964 SC 1722 [Income Tax Act, 1961]Occurring ...
In the course of such previous year
In the course of such previous year, 'in the course of such previous year' would, refer to the period commencing with the beginning of the previous year and termination with the end of the previous year. 'In the course of such previous year', would necessarily mean that free transferability of the shares by the holders to other members of the public should be present throughout the previous year, CIT v. East West Import and Export (P) Ltd., AIR 1989 SC 836 (838): (1989) 1 SCC 760. (Income-tax Act, 1922, s. 23A Expln.)...
Make such order as it thinks fit
Make such order as it thinks fit, The words 'may make such order as it thinks fit' in the s. vest the Court with a discretion to dispose of the property in any of the three modes specified in the s. 452(1) CrPC, 1973. But the exercise of such discretion is inherently a judicial function. The choice of the mode or manner of disposal is not to be made arbitrarily, but judicially in accordance with sound principles founded on reason and justice, keeping in view the class and nature of the property and the material before it, N. Madhavan v. State of Kerala, AIR 1979 SC 1829 (1830): (1979) 4 SCC 1: (1980) 1 SCR 228. [CrPC, 1973, s. 452(1)]...
Pass such order as it thinks fit
Pass such order as it thinks fit, is not restricted to the passing of orders which are final in character. It is for the purposes of doing complete justice between the parties, the authority who hears the revision petition is satisfied that it is necessary to call for additional evidence, he may call for such evidence, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227.The expression 'pass such order as it thinks fit' ins. 64A, as amended by the Bihar Act, is not restricted to the passing of orders which are final in character, Arbind Kumar Singh v. Nand Kishore Prasad, AIR 1968 SC 1227 (1231): (1968) 3 SCR 322. [Motor Vehicles Act, 1939, s. 64A]...
Such
Such, generally refers to its last antecedent, Ex parte Barnes, 1896 AC 150.Means 'of the same kind', that is to say, 'of the kind mentioned before', Nemi Chand Sen v. Kumud Behari, 1951 ILR 1 Cal 404; CIT Punjab, Himachal Pradesh v. Jagannath, AIR 1957 Punj 226: (1957) 32 ITR 418.Means a gift of 'such parts' of testator's property as the legatee may desire, enables the legatee to take the whole; and if the gift embraces only a class of testator's property, then the whole of such class may be appropriated by the legatee, Arthur v. Mackinnon, 48 LJ Ch 534....
Such as
Such as, the expression 'such as' which follows the expression 'public grounds' clearly shows that the two categories of public ground are illustrative and not exhaustive, State of Maharashtra v. V.S. Naik, AIR 1980 SC 1095: (1980) Supp SCC 229.The words 'such as' indicate that what are mentioned thereafter are only illustrative and not exhaustive, Royal Hatcheries v. State of Andhra Pradesh, AIR 1994 SC 666 (668): 1994 Supp (1) SCC 429....
Such income by way of dividends
Such income by way of dividends, the words 'such income by way of dividends' in s. 80M of Income Tax Act, is referable not only to the category of income included in the gross total income but also to the quantum of the income so included. On a plain grammatical construction, it is obvious that the words 'such income by way of dividends' must have reference to the income by way of dividends mentioned earlier and that would be income by way of dividends from a domestic company which is included in the gross total income, Disributors (Baroda) Pvt. Ltd. v. Union of India, AIR 1985 SC 1585: (1986) 1 SCC 43: (1985) Supp 1 SCR 778....
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