Used Substantially - Law Dictionary Search Results
Home Dictionary Name: used substantially Page: 6 Page 6 of about 70 results ( seconds)Impair materially
Impair materially, in s. 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, the meaning of the expression 'to impair materially' in common parlance would mean to diminish in quality, strength or value substantially. In other words to make a thing or substance worse and deteriorate. The word 'impair' cannot be said to have a fixed meaning. It is a relative term affording different meaning in different context and situations. Here in the context the term 'impair materially' has been used to mean, considerable decrease in quality which may be measured with reference to the antecedent state of things as it existed earlier in point of time as compared to a later stage after the alleged change is made or effected suggesting impairment, Gurbachan Singh v. Shivalak Rubber Industries, (1996) 2 SCC 626: AIR 1996 SC 3057 (3061)....
Regularly
Regularly, the word 'regularly' in clause (b) of s. 12(3) has a significance of its own. It enjoins a payment or tender characterised by reasonable punctuality, that is to say, one made at regular times or intervals. The regularity contemplated may not be a punctuality, of clock-like precision and exactitude, but it must reasonably conform with substantial proximity to the sequence of times or intervals at which the rent falls due, Mranalini B. Shah v. Bapalal Mohanlal Shah, AIR 1980 SC 954 (956): (1980) 4 SCC 251. [Bombay Rents, Hotel and Lodging House Rates Contral Act, 1947, s. 12(3)(b)](ii) The word 'regularly' to mean payment of rent in a uniform and consistent manner without any breach or default. The legislature never contemplated that a single default could be condoned. This inference is fortified by the words 'without sufficient cause'. A correct interpretation of the plain language and the words and phrases used in cl. (ii) of s. 9(1) of the Act seems that the word 'regular' ...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Unconditionally and beneficially
Unconditionally and beneficially, the words 'un-conditionally' and 'beneficially' underline the fact that no person who holds a share or shares not for his own benefit but for the benefit of another and who does not exercise freely his voting power, can be said be belong to that body, which is designated 'public'. The word 'public' is used in contradis-tinction to one or more persons who act in unison and among whom the voting power constitutes a block. If such a block exists and possesses more than seventy-five per cent. of the voting power, then the company cannot be said to be one in which the public are substantially interested, Raghuvanshi Mills Ltd. v. Commissioner of Income Tax, AIR 1961 SC 743 (746): (1961) 2 SCR 978....
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Impair
Impair, when a construction is alleged to materially impair the value or utility of a building, the construction should be of such a nature as to substantially diminish the value of the building either from the commercial and monetary point of view or from the utilitarian aspect of the building, Om Pal v. Anand Swarup, (1988) 4 SCC 545: (1988) Supp 3 SCR 391.Impair, means to diminish the value of (property or property right). This term is commonly used in reference to diminishing the value of a contractual obligation to the point that the contract becomes invalid or a party loses the benefit of the contract, Black's Law Dictionary, 7th Edn., p. 754....
Handicrafts
Handicrafts, Manual skill; manual art or trade or occupation; man skilled in a handicraft, Padmini Products v. Collector, Central Excise, AIR 1989 SC 2278 (2281): (1989) 4 SCC 275: (1989) 3 SCR 873. (Central Excise and Salt Act, 1944, Sch I. Tariff Item 68)Furniture as such does not qualify as handicrafts. It may be characterised as 'handicrafts' if the following tests are satisfied:-'(1) It must be predominantly made by hand. It does not matter if some machinery is also used in the process.(2) It must be graced with visual appeal in the nature of ornamentation or inlay work or some similar work lending it an element or artistic improve-ment. Such ornamentation must be of a substantial nature and not a mere pretence, CCE v. Louis Shoppe, (1996) 3 SCC 445. [Central Excise and Salt Act, 1944, s. 5A; Central Excise Rules, 1944 R. 8(1) (Since omitted)]'...
Education
Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education had been dealt with either as a series of individual problems in respect of which provisions were made for the education of special classes of persons, or by executive, as opposed to legislative methods, as, for example, by a system of grants in aid. This Act was followed by a series of Acts, known collectively as the Education Acts, 1870 to 1919, which together established a system of free and compulsory elementary education of a non-denominational character. The initial Act established 'school boards' with powers of building and maintaining elementary schools and of regulating the attendance of school children between the ages of 5 and 13. The El. Ed. Act, 1876, declared 'the duty of the parent of every child to cause such child to receive efficient elementary educatio...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
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