Territoriality - Law Dictionary Search Results
Home Dictionary Name: territorialityUnion Territories
Union Territories, include in the first Schedule of the Constitution of India; also includes any other territory comprised within the territory of India, but not specified in that Schedule, Constitution of India, Art. 366.Union Territories, include some of the formers Parts B and C. States, A Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 9, p. 44.Union territory, shall mean any Union territory specified in the First Schedule to the Constitution and shall include any other territory comprised within the territory of India but not specified in that Schedule. [General Clauses Act, 1897 (10 of 1897), s. 3(62A)]...
Territory
Territory, means a geographical area included within a particular government's jurisdiction, the portion of the earth's surface that is in a State's exclusive possession and control, Black's Law Dictionary, 7th Edn., p. 1485.The use of the word 'territory' in s. 9A(1)(c) indicates that the Statute empowered the Authority while determining the normal value to take into consideration the comparable price of the like article in the exporting country or territory. The placement of this word 'territory' after the word 'country' indicates that the Legislature intended to use the word territory' with reference to a larger geographical area than the exporting country which geographical area or territory has some commercial similarity with the exporting country and the exporting country is a part of the said territory, though not in the political sense but in the economic sense of that word, Designated Authority (Anti Dumping Directorate) v. Holder Topsoe A/s, (2000) 6 SCC 626: AIR 2000 SC 2556...
Extra-territorial operations
Extra-territorial operations, the words 'extra-territorial operation' are used, in two different senses as connoting firstly, laws in respect of acts or events which take place inside the State but have operation outside, and secondly, laws with reference to the nationals of a State in respect of their acts outside, that in its former sense, the laws are strictly speaking intra-territorial though loosely termed 'extra-territorial', and that under Art. 245(1) it is within the competence of the Parliament and of the State Legislatures to enact laws with extra territorial operation in the sense. The words 'laws with extra-territorial operation' in Article 245(2) must be understood in their second and strict sense as having reference to the laws of a State for their nationals in respect of acts done outside the State. Otherwise, the provision would be redundant as regards legislation by parliament and inconsistent as regards laws enacted by States, Bengal Immunity Co. Ltd. v. State of Biha...
Territorial waters
Territorial waters. This expression is used with regard to that portion of the sea, upto a limited distance, which is immediately adjacent to the shores of any country, and over which the sovereignty and exclusive jurisdiction of that country extends. The generally recognized limit is three miles, which was the range of canon in the seventeenth century (see Grotius). Territorial waters are considered as territory to the extent that fishing in such waters is reserved for the exclusive benefit of the subjects of the adjacent country. See the Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vict. c. 73), passed in consequence of the decision in R. v. Keyn, (1876) 2 Ex D 63.Territorial waters shall have the same meaning as in s. 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). [Wild Life (Protection) Act, 1972 (53 of 1972), s. 2 (30A)]...
Acquired territories
Acquired territories, 'acquired territories' mean so much of the territories comprised in the Indo-Pakistan agreements and referred to in the First Schedule as are demarcated for the purpose of being acquired by India in pursuance of the said agreements. [Acquired Territories (Merger) Act, (64 of 1960), s. 2(a)]...
Free trade throughout the territory of India
Free trade throughout the territory of India, Article 301 Constitution of India mandates free trade, commerce and intercourse throughout the territory of India. Interstate trade has, therefore, to be free from trade barriers. The mobility of goods throughout the territory of India has to be free. Free trade throughout the territory of India would be one with no tariffs and no restrictions or disadvantages of any kind of importing or exporting from the different States. Free trade means complete freedom of interstate trade without any restrictions on the movement of goods between the States, State of Bihar v. Harihar Prasad, AIR 1989 SC 1119 (1125): (1989) 2 SCC 192: (1989) 1 SCR 796. [Constitution of India Art. 301]...
Laws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
Territorial Army (English)
Territorial Army (English). A body of men first created as the Territorial Force by the Territorial and Reserve Forces Acts, 1907, to replace the Yeomanry and Volunteers. As to the position of the Militia, see that title. The scheme upon which the Act is based is the organization of the Force by counties through County Associations (ss. 1-5). Enlistments is generally for four years, and with a right to the soldier to obtain his discharge earlier on giving three months' notice, paying a sum not exceeding 5l., and giving up arms, clothing, etc., in good condition, except that he loses this right when the Army Reserve has been called out on permanent service. All ranks are subject to military law when serving, and officers, other than members of the permanent staff, if on the active list, at all times [Army Act, 1881, s. 175 (3) (A), as amended by the Territorial Army and Militia Act, 1921 (11 & 12 Geo. 5, c. 37), s. 4 (1)], and Army Act, 1881, s. 176 (6) (A)]. The Force may be called out...
Territories of India
Territories of India, comprises: (a) the territories of the States, (b) the Union territories specified in the first schedule of the constitution; and (c) such other territories as may be acquired from time to time. [Constitution of India, Art. 1(3)...
Territory of India
Territory of India, the term 'territory of India' has been used in several Articles of the Constitution and phraseolongy is employed it means the territory of India for the time being as falls with phrase cannot mean different territories in different Articles, N. Masthan Sahib v. Chief Commissioner of Pondicherry, 1962 Supp (1) SCR 981: AIR 1962 SC 797 (803). (Constitution of India, Art. 142)...
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