Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Words and Phrases

Friday, December 07, 2012
Words and Phrases

Words and Phrases — Word “Prejudice” — Held, “Prejudice” is generally defined as meaning “to the harm, to the injury, to the disadvantage of someone” — It also means injury or loss — Criminal Procedure Code, 1973, Section 401(2).

 
Wednesday, November 21, 2012
Words and Phrases

Word and Phrases — Expression “viz” — In common usage or parlance the expression “viz” means “in other words” — There is no aura of finality attached to the said expression.

 
Tuesday, February 14, 2012
Words and Phrases

Words & Phrases — The word ‘results’ means the outcome and is wider than the expression ‘causes’.

 
Sunday, February 06, 2011
Words and Phrases

Words and Phrases — Distinction between the words ‘term’ and ‘tenure’ as applied to a public officer or employee — Held, there is a distinction between the words ‘term’ and ‘tenure’ as applied to a public officer or employee — The ‘term’, as applied to an office, refers to a fixed and definite period of time — The word ‘tenure’ has more extended meaning than the word ‘term’ and ‘tenure’ of an office means the manner in which the office is held especially with regard to time.

 
Tuesday, January 04, 2011
Words and Phrases

Words and Phrases — Word “Withdrawal” — Meaning of — Held,  “Withdrawal” means “to go away or retire from the field of battle or any contest.” — Thus, the word ‘withdrawal’ is indicative of the voluntary and conscious decision of a person — Therefore, if a writ petitioner voluntarily abandons his claim by withdrawing the writ petition filed by him, he cannot be permitted to take any benefit of the orders passed by the High Court or the statutory authority in pursuance thereof — Once the foundation is removed, the super-structure is bound to fall — Constitution of India, 1950, Articles 226 and 227 — Interim Order.

 
Sunday, December 12, 2010
Words and Phrases

Words and Phrases — Term “liberty” — Meaning of — Held, “liberty” generally means the prevention of restraints and providing such opportunities, the denial of which would result in frustration and ultimately disorder — Restraints on man’s liberty are laid down by power used through absolute discretion, which when used in this manner brings an end to “liberty” and freedom is lost — At the same time “liberty” without restraints would mean liberty won by one and lost by another — So “liberty” means doing of anything one desires but subject to the desire of others.

 
Words and Phrases

Words and Phrases — Term “liberty” — Definition of — “Liberty” may be defined as a power of acting according to the determinations of the will.

 
Words and Phrases

Words and Phrases — Term “liberty” — Definition of — Held, the term “liberty” may be defined as the affirmation by an individual or group of his or its own essence — It needs the presence of three factors, firstly, harmonious balance of personality, secondly, the absence of restraint upon the exercise of that affirmation and thirdly, organization of opportunities for the exercise of a continuous initiative.

 
Wednesday, December 16, 2009
Words and Phrases

Words and Phrases — Word ‘mineral’ — A survey of various decisions referred to hereinabove would show that there is wide divergence of meanings attributable to the word ‘mineral’ and that in judicial interpretation of the expression ‘mineral’ variety of tests and principles have been propounded; their application, however, has not been uniform — Insofar as dictionary meaning of the word ‘mineral’ is concerned, it has never been held to be determinative and conclusive — The word ‘mineral’ has not been circumscribed by a precise scientific definition; it is not a definite term — The proposition that the minerals must always be subsoil and that there can be no minerals on the surface of the earth has also not found favour in judicial interpretation of the word ‘mineral’ — The term ‘mineral’ has been judicially construed many a time in widest possible amplitude and sometimes accorded a narrow meaning — Pithily said, its precise meaning in a given case has to be fixed with reference to the particular context — We find ourselves in agreement with the view expressed in Banarsi Dass Chadha that word ‘mineral’ is not a word of art and that it is capable of multiplicity of meanings depending upon the context and that the word ‘mineral’ has no fixed but a contextual connotation — The test applied by this Court in V.P. Pithupitchai in holding seashell not a mineral because in its original form it is not mineral, in our view, is not determinative and conclusive in all situations when a question arises as to whether a particular substance is a mineral or not — It is worth noticing that any natural material that is defined as a ‘mineral’ by statute or case law may also be covered by the expression ‘mineral’ as noted in Black’s Law Dictionary (Eighth Edition) — Mines and Minerals (Development and Regulation) Act, 1957, Section 3(e). 

 
Thursday, December 03, 2009
Words and Phrases

Words and Phrases — Word ‘refuse’ and word ‘Withdraw’ — While the word ‘refuse’ denotes a situation before acceptance of an invitation, offer, office, position, privilege and the like, the word ‘withdraw’ means to retract, retire or retreat from a place, position or situation after acceptance thereof — Arbitration and Conciliation Act, 1996.

 
Thursday, October 15, 2009
Words and Phrases

Words and Phrases — Expression ‘perverse’ — Held, the expression ‘perverse’ means that the findings of the subordinate authority are not supported by the evidence brought on record or they are against the law or suffer from the vice of procedural irregularity. 

 
Monday, June 15, 2009
Words and Phrases

Words and Phrases — Legal fiction — A legal fiction, as is well known, although is required to be given full effect, has its own limitations — It cannot be taken recourse to for any purpose other than the one mentioned in the statute itself.

 
Monday, February 12, 2007
Words and Phrases

Words and Phrases — Expression ‘ancillary’ — Meaning of — Held, the expression ‘ancillary’ means aiding; auxiliary; subordinate; attendant upon; that which aids or promotes a proceeding regarded as the principal — Civil Procedure Code, 1908, Section 115.

 
Words and Phrases

Words and Phrases — Expression ‘incidental’ — Meaning of — Held, the expression ‘incidental’ may mean differently in different contexts — While dealing with a procedural law, it may mean proceedings which are procedural in nature but when it is used in relation to an agreement or the delegated legislation, it may mean something more; but the distinction between an incidental proceeding and a supplemental proceeding is evident. 

 
Friday, January 12, 2007
Words and Phrases

Words and Phrases — Word “Compromise” — The word “compromise” implies some element of accomodation on each side — It is not apt to describe total surrender — Legal Services Authorities Act, 1987, Section 20, sub-sections (3) and (5).

 
Words and Phrases

Words and Phrases — Word “Compromise” and “Settlement” — Meaning of — A compromise is always bilateral and means mutual adjustment — ”Settlement” is termination of legal proceedings by mutual consent — Legal Services Authorities Act, 1987, Section 20, sub-sections (3) and (5).

 
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