With Material Irregularity - Law Dictionary Search Results
Home Dictionary Name: with material irregularityIllegally and with material irregularity
Illegally and with material irregularity, the words 'illegally' and 'with material irregularity' as used in clause (c) s. 15 do not cover either errors of fact or of law they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing Co. (P) Ltd. v. Sarup Singh, AIR 1971 SC 2324 (2327): (1969) 3 SCC 807. [Civil PC (5 of 1908), s. 115]...
With material irregularity
With material irregularity, the words 'illegally' and 'with material irregularity' as used in this clause do not cover either errors of fact or of law, they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing & Construction Co. (P) Ltd. v. Sarup Singh, (1969) 3 SCC 807 (811). [Civil Procedure Code, 1908, s. 115]...
Materialize
To invest with material characteristics to make perceptible to the senses hence to present to the mind through the medium of material objects...
Irregularity
Irregularity, disorder, departure from rule. By (English) R.S.C. 1883, Ord. LXX., non-compliance with the rules renders proceedings liable to be set aside as irregular, but does not render them void unless the Court or a judge so direct. Order LIV., r. 24, of the (English) County Court Rules, 1903, is to the same effect.The word 'irregularity' in common English parlance means and implies contrary to rule, Rambhau v. State of Maharashtra, AIR 2001 SC 2120 (2122): (2001) 4 SCC 759. (Cr. P.C., 1973, s. 391)The word irregularity' in s. 131(2)(b) cannot be confined to procedural defects only, Martin Burn Ltd. v. Corporation of Calcutta, AIR 1966 SC 529 (534): (1966) 1 SCR 543. [Calcutta Municipal Act, 1923 (3 of 1923), s. 131(2)(b)]...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Raw material
Raw material, as commonly understood, is used in the process of manufacture. Printing machinery will certainly not come under the category of 'raw material', Re KI Kosalram, AIR 1968 Mad 113.Raw material, defined one of the valid tests could be that the ingredient should be so essential for the chemical process culminating in the emergence of the desired end product, that having regard to its importance in and indispensability for the process, it could be said that its very consumption on burning up is its quality and value as raw materials, Collector of Central Excise, New Delhi v. Ballarpur Industries Ltd., AIR 1990 SC 196.Raw material, is something from which another new or distinct commodity can be produced. When it is used in a taxing statute, it may have related meaning depending on the context in which it has been used, Tata Engineering & Locomotive Company Ltd. v. State of Bihar, (1996) 6 SCC 479.The expression 'raw-material' is not a defined term. The meaning to be given to it...
Irregular
Not regular not conforming to a law method or usage recognized as the general rule not according to common form not conformable to nature to the rules of moral rectitude or to established principles not normal unnatural immethodical unsymmetrical erratic no straight not uniform as an irregular line an irregular figure an irregular verse an irregular physician an irregular proceeding irregular motion irregular conduct etc Cf Regular...
Nullity and irregularity
Nullity and irregularity, as to 'irregularity' it has been stated that it is 'want of adherence to some prescribed rule or mode of proceeding'; whereas 'nullity' is 'a void act or an act having no legal force or validity'. The safest rule of distinction between an 'irregularity' and a 'nullity' is to see whether 'a party can waive the objection: if he can waive, it amounts to irregularity and if he cannot, it is a nullity', Krishan Lal v. State of J&K, (1994) 4 SCC 422 (432)....
Covered with insulating material
Covered with insulating material, means adequately covered with insulating material of such quality and thickness as to prevent danger. [Indian Electricity Rules, 1956, s. 2 (1) (m)]...
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