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Under

Under, means either 'pursuant to' or 'for the purposes and in accordance with the terms of' an agreement, Feetum v. Levy, (Ch D), (2005) 1 WLR 2576.Under, the office of the Governor is an independent constitutional office which is not under the Government of India. The phrase 'a person serving under the Government of India or the Government of a State' seems to have reference to such persons in respect of whom the administrative control is vested in the respective executive Governments functioning in the name of the President or of the Governor or of a Rajpramukh. The officers and staff of the High Court cannot be said to fall within the scope of the above phrase because in respect of them the administrative control is clearly vested in the Chief Justice, Hargovind Pant v. Dr. Raghukul Tilak, (1979) 3 SCC 458: AIR 1979 SC 1109 (1113)....


Under an agreement

Under an agreement, means 'in accordance with the terms of the agreement, Feetum v. Levy, (Ch D), (2005) 1 WLR 2576....


Under any customary or personal law applicable to parties

Under any customary or personal law applicable to parties, the purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself. The whole scheme of s. 127(3)(b) is manifestly to recognise the substitute maintenance arrangement by lump sum payment organised by the custom of the community or the personal law of the parties. There must be a rational relation between the sum so paid and its potential as provision for main-tenance; to interpret otherwise is to stultify the project. Law is dynamic and its meaning cannot be pedantic but purposeful, Bai Tahira v. A.C. Hussain Fiddali Chathia, (1979) 2 SCC 316: AIR 1979 SC 362 (365). [Criminal Procedure Code, 1973, s. 127(3)(b)]...


Under any law for the time being in force

Under any law for the time being in force, the words refer to the applicability of decrees and orders should be determined by the provisions of the Code of Civil Procedure, AIR 1960 Bom 315 (317)....


Under Chamberlains of the Exchequer

Under Chamberlains of the Exchequer, two officers who cleaved the tallies and read them. See TALLY. They also made searches for records in the treasury, and had the custody of Domesday Book. Abolished, Jac. Law Dict....


Under colour of duty

Under colour of duty, means where a police officer, taking advantage of his position as a police officer and availing himself of the opportunity coerces a person to pay illegal gratification to him, this cannot be said to have been done under colour of duty, Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323: (1968) Cr LJ 505....


Under Colour of Office

Under Colour of Office, do not mean the same thing as 'by virtue of'. Any rightful act in office is by virtue of office and a wrongful act in office may be under colour of office. An act may none the less be under colour of office, however, unreasonable it might be, and although itmight be done in mistaken exercise of duty or authority, Emperor v. Amimiya Imammiya, AIR 1948 Bom 197: (1947) 49 Bom LR 829....


Under his own hand

Under his own hand, the expression 'under his own hand' as used in sub-rule (3) (b) of Rule 15 does not mean in his own handwriting. What is inter alia required to be certified by the police officer is that the confession was taken in his presence and recorded by him, State of Tamil Nadu v. Sivarasan, (1997) 1 SCC 682 (693). [Terrorist and Disruptive Activities (Prevention) Rules, 1987, R. 15(3)(b)]...


Under inclusive

Under inclusive, means not sufficiently inclusive, excluding something that should be included, not affecting others similarly situated with respect to the purpose of the law and especially in violation of equal protection, Church of the Lukumi Babalu Aye v. City of Hialeah, 508 US 520....


Under is obvious

Under is obvious, cannot be taken to have same meaning as the word 'of' which may bring in the notion of ownership. Indeed the concept of under can be relevant only when there are two entities one of which may be under the others. A department of the government and can only loosely be termed as under the government. Consequently, the mere fact that the State Bank of India and the nationalized banks are different entities as corporate bodies for certain purposes cannot by itself be a circumstance from which it may be deduced that they cannot be establishments under the Central Government, Bank of India v. Stalin, (1988) 1 Ker LT 759....



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