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Person with disability

Person with disability, means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability. [National Trust for Welfare of Persons with Austin Cerebral Palsy Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999), s. 2(j)]Means a person suffering from not less than forty per cent of any disability as certified by a medical authority. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 996), s. 2 (t)]...


With respect to such goods

With respect to such goods, the expression 'with respect of such goods'had obviously to be used at the end of the s. because the second and third parts of the s. start with the words 'if any person is in relation to any goods...... knowingly concerned in any fraudulent evasion or attempt at evasion'. The words 'such goods' have clearly reference to 'any goods' at the commencement of the s. These words are not descriptive of the kind of goods to which the first part of the s. is applicable, Assistant Collector of Customs (Prevention) v. Babu Miya Sheikh Imam, AIR 1983 SC 974: (1983) 3 SCR 500: (1983) 3 SCC 447. [Customs Act, 1962, s. 135 (i)(a) (ii)]...


With respect to

With respect to, the expression 'with respect to' in Article 246 of the Constitution of India brings in the doctrine of 'Pith and Substance' in the understanding of the exertion of legislative power and wherever the question of legislative competence is raised the test is whether the legislation, looked at as a whole, is substantially 'with respect to' the particular topic of legislation, Ujagar Prints v. Union of India, AIR 1989 SC 516: (1989) 3 SCC 488 (513): (1988) Supp 3 SCR 770. (Constitution of India, Art. 246)...


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]...


Trading with the Enemy Act, 1914

Trading with the Enemy Act, 1914 (English) (4 & 5 Geo. 5, c. 87), provided that any person who 'dur-ing the present war [i.e., the war with Germany] trades or has since 4th August, 1914, traded with the enemy within the meaning of this Act, shall be guilty of a misdemeanour. The Act was partly repealed [S. R. & O. 1921 (No. 1276), and see 15 & 16 Geo. 5, c. 43]. As to what constitutes an alien enemy, see Daimler Co. v. Continental Tyre Co., (1916) 2 AC 307....


Save with the authority of law and except by authority law

Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...


Imposed in accordance with the provisions of this Act

Imposed in accordance with the provisions of this Act, the expression 'imposed in accordance with the provisions of this Act', mean 'imposed in accordance with the procedure provided under the Act'. All enquiry into the regularity of the pro-cedure followed by the Municipal Council prior to the publication of the notice is excluded by s. 97(2), Municipal Council, Raichur v. Bohar Amar Chand Prasanna, AIR 1968 SC 255: (1968) 1 SCR 87. [Karnataka Municipalities Act, (22 of 1964), s. 97(1) 97(2)]...


Mortgage by conditional sale and sale with a condition of repurchase

Mortgage by conditional sale and sale with a condition of repurchase, there is a clear legal distinction between the two concepts, a mortgage by condition sale and a sale with a condition of repurchase. The former is a mortgage, the relationship of debtor and creditor subsists and the right to redeem remains with the debtor. The latter is an out and out sale whereby the owner transfers all his rights in the property to the purchaser reserving a personal right of repurchase, Bhoju Mandal v. Debnath Bhagat, AIR 1963 SC 1906 (1907). [Transfer of Property Act, 1882, s. 58 (c)]...


Institution for persons with disabilities

Institution for persons with disabilities, means an institution for the reception, care, protection, education, training rehabilitation or any other service of persons with disabilities. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2(m)]...


In connection with the work of an establishment

In connection with the work of an establishment, 'in connection with the work of an establishment' only postulates some connection between what the employee does and the work of the establishment. He may not do anything directly for the establish-ment; he may not do anything statutorily obligatory in the establishment; he may not even do anything which is primary or necessary for the survival or smooth running of the establishment or integral to the adventure. It is enough if the employee does some work which is ancillary, incidental or has relevance to or link with the object of the establishment, Royal Talkies v. Employees' State Insurance Corporation, AIR 1978 SC 1478: (1978) 4 SCC 204: (1979) 1 SCR 80....



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