MEANING OF CENTRAL ACT

The term ‘Central Act’ have been defined under clause (7) of section 3 of the General Clauses Act, 1897 which reads as under:-

“(7) ‘Central Act’ shall mean an Act of Parliament, and shall include—
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before the
commencement of the Constitution, and (b) an Act made before such commencement by the Governor General in Council or the Governor General, acting in a legislative capacity.”.
Clause (7) of section 3 of the General Clauses Act, 1897 becomes relevant n terms of article 367 of the Constitution which reads under:- Continue reading “MEANING OF CENTRAL ACT”

Tariff

 REF : Electricity Act Under Section 62 of the Electricity Act, the Commission has power to  fixe the tariff rate. The word ‘tariff’ has not been defined in the Act. Tariff means a schedule of 55 standard/prices or charges provided to the category or categories for procurement by licensee from generating company, wholesale or bulk or retail/various categories of consumers. After taking into consideration the factors … Continue reading Tariff

Res Judicata

No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has … Continue reading Res Judicata

Civil Suit under CPC

SECTION 09: COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Explanation: I: As suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding … Continue reading Civil Suit under CPC

Public Officer under CPC

public officer” means a person falling under any of the following descriptions, namely:– (a) every Judge; (b) every member of an All India Service]; (c) every commissioned or gazetted officer in the military, naval or air forces of the Union] while serving under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any … Continue reading Public Officer under CPC