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Penalty

Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549. Penalty, is legal or official

(37 of 2000), s. 2(b)] 'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)] A … Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)] 'Assignment' means the transfer of the

Fraud on a power

expectation of advantage to the party himself or from the ill will towards the other is immaterial, Dr. Vimla v. Delhi Administration, (1963) Supp 2 SCR 585 and Indian Bank v. Satyam Febres (India) Pvt. Ltd., (1996) … Fraud on a power. The name given to the execution of a limited power for a purpose outside its limits, either at the

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Reside

the place where the person has resided for a 'considerable time', (Oxford Dictionary). See also Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20. Means live, abide, sojourn, stay, remain, lodge. To settle oneself or … Reside, means dwell permanently or for a considerable time, to have one's settled or usual abode, to live in or at a particular place, Oxford Dictionary. Means

Produce

Produce, is 'to bring forward; to show or exhibit; to bring into view or notice; to bring to surface', Black's Law Dictionary; C.I.T. v.

Finding

of controversy between the interested parties or on which the parties con-cerned have been given a hearing, C.I.T. v. Vadle Pulliah, AIR 1973 SC 2434 (2436). [Income Tax Act, 1922 s. 34(3), Second Proviso] I.T.O. v. Murlidhar … Finding, the word 'finding', will only cover material questions which arise in a particular case for decision by the authority

Failure of justice

whether there was really a failure of justice or whether it is only a camouflage, Shamnsaheb M Multtani v. State of Karnataka, (2001) 2 SCC 577: AIR 2001 SC 921 (925). See also State v. T. Venkatesh … Failure of justice, Quite often the submission in a criminal Court is accentuated with the said expression. Perhaps it is too pliable or facile

As the case may be

As the case may be, expression 'as the case may be' is otherwise rendered superflous, Union of India v. Ashok

Possession

Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh,

it represents an interest measured by a sum of money and made up of diverse rights contained in the contract evidenced by the articles of association of the Company, I.T. Commissioner v. Standard Vacuum Oil Co. Ltd.,

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