The word ‘entertain’ is explained by a Divisional Bench of the Allahabad High Court as denoting the point of time at which an application to set aside the sale is heard by the court. The expression ‘entertain’, it is stated, does not mean the same thing as the filing of the application or admission of… Read More The word ‘entertain’ meant not ‘receive’ or ‘accept’ but proceed to consider on merits’ or ‘adjudicate upon’.
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content.… Read More What is the meaning of “Office”
in K.T. Huchegowda v. Dy. Commissioner [(1994) 3 SCC 536], Supreme Court held: “8. On a plain reading, granted land will mean, any land granted by the Government to a person, who is a member of the Scheduled Castes or Scheduled Tribes which includes land allotted to such persons. Grant may be of different types;… Read More Meaning of ‘Granted Land’
In Ramnik Vallabhdas Madhvani and others Versus Taraben Pravinlal Madhvani[AIR 2004 SC 1084 : (2003) 5 Suppl. SCR 230 : (2004) 1 SCC 497 ] “goodwill”, as Lord Machaghten described ‘a thing very easy to describe, very difficult to define’, in Inland Revenue Commissioner vs. Muller and Co. (1901) AC 223). 67. The term ‘goodwill’ signifies the… Read More What is Goodwill
“Nemo plus iuris ad alium transferre potest quam ipse habet” rule, which means “one cannot transfer more rights than he has” Supreme Court of India in The Morvi Mercantile Bank Ltd. And … vs Union Of India, Through The [ 1965 AIR 1954 ] To the general rule expressed by the Maxim nemo dat quod non habet… Read More Nemo dat quod non habet means “no one gives what he doesn’t have”
In Corpus Jurisdiction Secundum, Volume 73, meaning of the word “proper” is given at pages 155 & 156 as under:- ” PROPER. The word “proper” is an adjective. It is not necessarily a relative term, but in some connections the word may be definite and specific, particularly when used in connection with a definite subject… Read More Meaning of the word “proper”
Cr.P.C. S.311: Lacuna Means inherent weakness or a latent wedge: After the defence and prosecution closed their evidence, the prosecution applied to resummon two of it’s already exmined witnessess, for proving it’s certain documents. Thus, a question arose, whether a trial court can permit a lacuna in prosecution evidence to be filled up? Upholding allowing the application,… Read More whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.
KEYWORD:-PAROLE- HARD LABOUR- OUTDATED LEGISLATION AIR 1980 SC 1579 : (1980) 2 SCR 557 : (1980) 3 SCC 488 : (1980) CriLJ SC 1099 (SUPREME COURT OF INDIA) Sunil Batra Appellant Versus Delhi Administration Respondent (Before : V. R. Krishna Iyer, R. S. Pathak And O. Chinnappa Reddy, JJ.) Writ Petn. No. 1009 of 1979,… Read More Sunil Batra Versus Delhi Administration[ ALL SC 1979 DECEMBER]
1. The expression “consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India requires consultation with a plurality of Judges in the formation of the opinion of the Chief Justice of India. The sole, individual opinion of the Chief Justice of India does not constitute “consultation” within… Read More Meaning of “Consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India
In order to steer clear of the above interpretation of Section 11 (2) learned counsel for the employees put forward the argument that the word ‘or’ occurring in the section should not be read as a disjunctive and should be given the meaning ‘and’ so that the two clauses forming the conditions about which the… Read More The meaning of “Or”