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Home Dictionary Name: withinResale within the State
Resale within the State, the expression 'resale within the State' in Form No. ST 17 must be read in the light of Explanation II to s. 2(o) of the State Act as it is a recognised canon of construction that an expression used in a rule, by law or form issued in exercise of power conferred by a statue must, unless there is anything repugnant in the subject or context have the same meaning as is assigned to it under the statue. Explanation II enacts as to when a sale shall be deemed to be a sale within the State by incorporating in it by reference the provisions of s. 4(2) of the Central Sales Tax Act, Onkarlal Nandlal v. State of Rajasthan, AIR 1986 SC 2146: (1985) 4 SCC 404: (1985) Supp 3 SCR 1075....
Within
Within, the expression 'within' should be read as 'during' or 'for' and this cannot be done because words cannot be construed contrary to their meaning as the word 'within' would mean 'on or before', 'not beyond' and, therefore, it was held that the Act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay a maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application before the Magistrate as provided in s. 3(3) but nowhere the Parliament has provided that reasonable and fair provision and maintenance is limited only for the iddat period and not beyond it. It would extend to the whole life of the divorced wife unless she gets married for a second time, Danial Latifi v. Union of India, AIR 2001 SC 3958 (3969): (2001) 7 SCC 740. [Muslim Women (Protection of Rights on Divorce Act, 1986, s. 3(1)(a)]...
Within such period
Within such period, means within the period which ends with the last day of limitation prescribed. In other wards, in all cases falling under s. 5 what the party has to show is why he did not file an appeal on the last day of limitation prescribed. That may inevitably mean that the party will have to show sufficient cause not only for not filing the appeal on the last day but to explain the delay made thereafter day by day. In other words, in showing sufficient cause for condoning the delay the party may be called upon to explain for the whole of the delay covered by the period between the last day prescribed for filing the appeal and the day on which the appeal is filed. To hold that the expression 'within such period' means during such period would, be repugnant in the context, Ram Lal v. Rewa Coalifieds Ltd., AIR 1962 SC 361 (364): (1962) 2 SCR 762. (Limitation Act, 1963, s. 5)...
Sale within State
Sale within State, a sale within the State includes a sale determined to be inside the State in accordance with the principles formulated in sub-s. (2) of s. 4 of the Central Sales Tax Act, 1956, Instalment Supply Ltd. v. S.T.O. Ahmedabad, AIR 1974 SC 1105 (1109). [Gujarat Sales Tax Act, 1970, s. 2(28) Explanation]...
Within 6 months from the date on which it is so let
Within 6 months from the date on which it is so let, the expression within 6 months from the date on which it is so let' means let to that tenant who disputes or desires to dispute the standard rent and move the Court for determination of standard rent. The words 'so let' mean so let to that tenant after the commencement of the Rent Act, O.P. Kathpalia v. Lakimir Singh, AIR 1984 SC 1744 (1750): (1984) 4 SCC 66....
Within the meaning of
Within the meaning of, the words 'within the meaning of' have been inserted to include only those documents which deal, or purport to deal, with true intermediaries, that is to say, with persons who hold an interest in the land between the raiyat or actual cultivator and the overlord of the demesne, Biswambhar Singh v. State of Orissa, AIR 1954 SC 139 (145). [Orissa Estates Abolition Act, 1951 (1 of 1952), s. 2h]...
Sale within the course of export
Sale within the course of export, a purchase for the purpose of export like production or manufacture for export, is only an act preparatory to export and cannot be regarded as an act done in the course of the export of the goods out of the territory of India, Burmah Shell Oil Storage and Distributing Co. of India Ltd. v. Commercial Tax Officer, AIR 1961 SC 315: (1961) 1 SCR 902....
Within fifteen days
Within fifteen days, do not exclude the fifteenth day, Manjuli v. Civil Judge, Senior...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
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