Testing Clause - Law Dictionary Search Results
Court immediately below and Court subordinate to the High Court
is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. … Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether
Power
3 SCC 184. Power, must be considered along with the words 'privileges and immunities' to which the said clause refers, and there can be no doubt that the said words can have no reference to the effect … they are given. Trusts are always imperative and are obligatory upon the conscience of the party entrusted. The test is whether what is expressed by the testator is his direction intended to contract the conduct of the
Law
be. Regulations made by the President under Article 240, Bills enacted as President's Act under sub-clause (a) of clause (1) of Article 357 of the Constitution and includes rules, regulations, bye-laws and orders issued or made thereunder. … of Madras, AIR 1950 SC 27: (1950) SCR 88. It is manifest that the law must satisfy two tests before it can be a valid law, namely, (1) that the appropriate legislature has competency to make the
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Possession
2 SCC 194: (1973) 1 SCR 508. [Arms Act, 1959, s. 4 & 25(1)(a)] The expression 'possession' in clause (a), takes in not only actual physical possession, but also constructive possession that a person has in law, … coincide with possession in fact. The control over the property has always been regarded as one of the tests of physical or de facto possession. In the case of possession through agent, it is true that the
Good faith
attention. (Indian Penal Code, s. 52) Due care, an act done with due care and attention satisfies the test of 'good faith'. 'Due care' means that sufficient care was taken so far as circumstances demanded and there … (1970) 1 SCC 590. [Penal Code (45 of 1860), s. 499] According to the definition in the General Clauses Act means a thing which is in fact done honestly, whether it is done negligently or not. In
Manufacture
SCC 653: (1981) 2 SCR 271. The word 'manufacture' occurring in the expression 'used in the manufacture' in clause (b) of Rule 27 cannot be given a limited meaning. 'Manufacture' and 'manufacturing process' is that as a … AIR 1990 SC 59 (62): (1989) 4 SCC 112: (1989) 3 SCR 784. The prevalent and generally accepted test to ascertain that there is 'manufacture' is whether the change or the series of changes brought about by
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