CiteTEXT
...petition.3. The detenue was ordered to be detained by the second respondent on the ground that she was a bootlegger within the meaning of the said Act and was i...fined, Rs 250 in two cases and Rs 350 in two cases. On the day when she was served with the impugned order of detention, she was in judicial remand in connection with a case filed under Sections 4(1)(i...in making an effective representation due to not supplying the Tamil version of the remand order.6. The short question that falls for our consideration is whether failure to...
...22 of the Constitution of India in relation to FIR No. 224/2023 dated 17.08.2023 PS Special Cell, Lodhi Road, Delhi Police;
B. Declare and set aside the Remand...and to be defended by legal practitioner of his choice during the Remand Proceedings, being violative of Petitioner's right guaranteed under Article 22 of the Constitution of India. C. Di.... The appellant was presented in the Court of Learned Additional Sessions Judge-02, Patiala House Courts, New Delhi(hereinafter being referred to as the 'Remand Judge') on 4th October, 2023...
...”.46. The word ‘arrest’ is derived from the French word ‘Arreter’ meaning “to stop or stay” and signifies a restraint of the person. Lexicologically, ...289, 1983 MLW (Cri) 289 (Mad) had an occasion to go into the gamut of the meaning of the word ‘arrest’ with reference to various textbooks and dictionaries, the New Encyclopa...explaining the meaning of the word ‘accused’ or ‘accused person’ limited to the purpose of Section 167. On the other hand, all those decisions are rendered only on the q...
...to the trial court. The High Court was of the view that the order of remand should be passed rarely and in the instant case that was not the case. That being so, ...provisions are mandatory, notwithstanding the fact that the word “may” has been used. The first appellate court is the last court of facts.10. Under Order 41 Rule 25, i...decree the appeal is preferred and in such case, shall direct such court to take additional evidence required. The order of remand should not be passed as a matter of routine. The first appellate ...
...-holders, and on 12-11-1951, the Munsif holding that the applicants were not Thika Tenants within the meaning of the Thika Tenancy Act and accordingly the decree was not liable to be resc...accordance with law. After remand the Munsif rescinded the decree. The landlords' application under Section 115 of the Code of Civil Procedure against the Munsif's order was reje...Lordships of the Privy Council pointed out that the order of remand was an interlocutory order and that it did not purport to dispose of the case and consequently upon the princi...
...to the meaning of the word “officer”. Therefore, we need not consider whether the decision can be sustained on that part of the Rule.31. In our o...either within the meaning of the Bombay Rents Hotel and Lodging Rates Control Act, 1947, hereinafter referred to as “the Rent Act”, or the Transfer of Property Act. It was further stated ...Registrar C.S (D) Bombay, am satisfied that a “dispute” within the meaning of Section 91(1) of the Maharashtra Cooperative Societies Act 1960 exists in this case and the same is therefore referred...
...ordinary meaning of the word “irregularity” and confine it to procedural defects only. None has been advanced. Such a conttention was rejected, and we think rightly, in Corporation of Calcutta v...question being whether the order of remand made by the High Court at Calcutta to the Court of Small Causes, Calcutta for ascertaining the annual value was justified....for the filing of a valuation before that Court by the Corporation and of objections thereto by the appellant and so on. It is this order of remand that the appellant challenges ...
...PMLA Rules 2005 (Arrest Rules) which postulates the meaning of the word "order" to include the grounds of such arrest.'
9. It is, therefore, c...with the remand application filed by the ED. The learned Vacation Judge/Additional Sessions Judge, Panchkula, initially passed order dated 15.06.2023 holding that custodial interrogation of the ar...to the custody of the ED was extended by 5 more days and thereafter, they were sent to judicial custody.
7. Assailing the first remand order dated 15.06.2023...
...sociis, the philosophy of which is that the meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it; such doctrine is broad...certain propositions which are relevant for our purpose in the present appeal. It was observed that " in determining the meaning of the word " industry " and " industrial dispute...industry within the meaning of the definition of that word in s. 2(j) of the Act and that the
expression" ...
...a laudatory word and the word “CUP” referred to a cup of tea. Accordingly, the conclusion of the Division Bench was that the phrase “SUPER CUP” was descriptive and laudatory ...available even in respect of the descriptive trade mark was wrong. A descriptive trade mark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product...or as being from a particular source. We, therefore, remand the matter back to the Division Bench of the High Court so that it may address its mind to this question without disturbing the other...
...justification for putting any artificial restraint on the meaning of the said word as defined. In support of this argument, reliance is placed on the decision of this Court in ...involved in it. It is also common ground that if the employees are workmen within the meaning of the Act, and the work carried on by the appellants is an industry under Section 2(j), Sect...cases, applications can be made by the employees under Section 33-C(2). The appellants contend that the Tribunal was in error in giving the definition of the word “industry” under Section...
...this appeal by the counsel for the parties are as to the scope, ambit and meaning of the word “judgment” appearing in clause 15 of the letters patent of ...regarding the true scope, ambit and meaning of the word “judgment” appearing in the letters patent so much so that a colossal controversy has been raging in this country for more than a century...as possible the true meaning and scope of the word ‘judgment’ as it occurs in clause 15 of the letters patent of the Calcutta High Court and in the correspondin...
...physical hold of an officer with coercive power is in custody for the purpose of Section 439. This word is of elastic semantics but its core meaning is that the law has taken control ...the body of the person to be arrested, unless there be submission to the custody by word or action.15. Similarly, the expression “custody” has also not been defined in...refer to shortly. Reliance was also placed on the dictionary meaning of the two expressions which will also be relevant to our decision.17. Mr Anoop Chaudhari, learned...
...appellate court and remand these matters to the court of first instance to record the evidence of PW 4 in toto and also to permit the parties to let in further evidence relating to the id...the case and in any case, the questions framed were not the substantial questions of law within the meaning of Section 100 of the Code of Civil Procedure. Secon...nor before the High Court; thirdly, no question of law was framed by the High Court on the issue of remanding the cases to the trial court. In these circumstances, the ...
.... This word has been derived from the French word “arrater” meaning “to stop or stay”. It signifies a restraint of a person. It is, thus, obliging the person to be obedient to law. Further, arrest...doing violence to the plain, ordinary meaning of the word total to hold that claimant, in the circumstances revealed in said findings, was, at the time of injury, totally depende...623, while dealing with the interpretation of word “custody” this Court has relied upon several dictionaries:“Meaning of custody9...
..."steam" could be subjected to sales tax. It was held that steam is a tangible property so it came within the meaning of the word "goods" which was construed to mean any property visible, tangible...generic meaning. We may with Lord Summer in the case of the Noordam [1911] AC 105 say that 'the content of the word "goods" differs greatly according to ..."goods" and that the turnover in question in the four appeals related to the second category and accordingly it upheld the order of the first appellate authority including the order ...
...with coercive power is in custody for the purpose of S.439. This word is of elastic semantics but its core meaning is that the law has taken control of the person. The e..., 8 and 9, as follows:—
“7. When is a person in custody, within the meaning of S. 439 Cr.P.C.? When he is in duress either because he is held by the investigating agency...bail has been refused by the learned Special CJM (CBI), Bhubaneswar in SPE Case no. 11 of 2014 vide order dated 09.06.2021. The offence alleged against the petitioner is punishable under Sections 120...
..., this Court held that the word “otherwise” used in the context of the power of review exercisable “of its own motion or otherwise” must be assigned a wide meaning and it will co...meaning the date of communication of the order. The Bar Council of India formed an opinion that there is a lacuna in the provision which cannot be removed by it. The Bar...clearly of the opinion that the expression “the date of that order” as occurring in Section 48-AA has to be construed as meaning the date of communication or knowledge ...
...meaning of Section 2(15) and whether it satisfies the other conditions laid down under Section 11”. The Appellate Assistant Commissioner in his remand report found in favour of the assess...different from their popular meaning. Charity is a word of art, of precise and technical meaning and an exhaustive definition of charity in the legal sense has never been attempted. ...dictionary meaning of the word “involve” is “to envelop, to entangle, to include, to contain, to imply”: Shorter Oxford Dictionary, 3rd edn. p. 1842. The word “involve” thus contemplates ...
...arrive at the written down value as it had been actually allowed within the meaning of Section 10(5)(b). The Income Tax Officer and the Appellate Assistant Commissioner rejected the conte...communicate any such orders to the assessee and to the Commissioner.”The word “thereon”, of course, restricts the jurisdiction of the Tribun...(4) of the Act to entertain the argument of the Department with regard to the application of para 2 of the Taxation Laws Order and remand the case to ...