Supreme Court Quarterly Digest 2022- Words & Phrases (Jan-Mar)

Act of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God in legal parlance. (Para 53-55) State of U.P. v. Mcdowell and Company Ltd., 2022 LiveLaw (SC) 13Cessante ratione legis cessat ipsa lex - Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. (Para 25) Kamla Devi v. State of Rajasthan, 2022 LiveLaw (SC) 272 Chance Witness - A chance witness is the one who happens to be at the place of occurrence of an offence by chance, and therefore, not as a matter of course. In other words, he is not expected to be in the said place. A person walking on a street witnessing the commission of an offence can be a chance witness. Merely because a witness happens to see an occurrence by chance, his testimony cannot be eschewed though a little more scrutiny may be required at times. This again is an aspect which is to be looked into in a given case by the court. (Para 26) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 Consumer - When a person avails a service for a commercial purpose, to come within the meaning of 'consumer' as defined in the said Act, he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self -employment. (Para 45) Shrikant G. Mantri v. Punjab National Bank, 2022 LiveLaw (SC) 197 Contra proferentem rule - Inapplicability of this doctrine to the eligibility conditions in a notice inviting tender - This rule cannot be applied to lay down that in case of any ambiguity in a tender document, it has to be construed in favour of a particular person who projects a particular viewpoint - if two different tenderers suggest two different interpretations, the question would always remain as to which of the two interpretations is to be accepted? Obviously, to avoid such unworkable scenarios, the principle is that the author of the tender document is the best person to interpret its documents and requirements. The only requirement of law, for such process of decision making by the tender inviting authority, is that it should not be suffering from illegality, irrationality, mala fide, perversity, or procedural impropriety. (Para 24) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105 Contra proferentem rule - The rule applied in the case of ambiguity in the insurance policy because the policies are made by the insurer and its ambiguity cannot be allowed to operate against the insured. (Para 24) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105 Dies non juridicus - A day which is regarded by the law as one on which no judicial act can be performed, or legal diligence used. [Referred to P. Ramanatha Aiyar's Law Lexicon] (Para 25.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 Dowry - Demand for money raised on the deceased for construction of a house as falling within the definition of the word "dowry". (Para 12-14) State of Madhya Pradesh v. Jogendra, 2022 LiveLaw (SC) 37 Due process of law - Meaning discussed. (Para 12) Padhiyar Prahladji Chenaji v. Maniben Jagmalbhai, 2022 LiveLaw (SC) 241 "Errata" - Scope and meaning of - discussed - "Errata" is a term of French origin which means a thing that should be corrected. It means a mistake in printing or writing - Errata is a correction of a mistake. Hence, only arithmetical and clerical mistakes could be corrected and the scope of the notification could not be enlarged by virtue of an errata notification, (Para 153 -154) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136 Evidence - Definition of - Factor or material, lending a degree of probability through a logical inference to the existence of a fact. (Para 12) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 Exemption Entry - When the exemption Entry is clear and unambiguous, no external aid for interpretation is called for, whether in the form of Budget speech or any other notification under any other enactment. (Para 11) Authority for Clarification and Advance Ruling v. Aakavi Spinning Mills (P) Ltd., 2022 LiveLaw (SC) 191 Exemption Notifications - The exemption notification should not be liberally construed and beneficiary must fall within the ambit of the exemption and fulfill the conditions thereof. In case such conditions are not fulfilled, the issue of application of the notification does not arise at all by implication - The notification has to be read as a whole. An exception and/or an exempting provision in a taxing statute should be construed strictly and given a meaning according to legislative intendment - It is not open to the court to ignore the conditions prescribed in the relevant policy and the exemption notifications issued in that regard.The Statutory...

Supreme Court Quarterly Digest 2022- Words & Phrases (Jan-Mar)

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Supreme Court Quarterly Digest 2022- Words & Phrases (Jan-Mar)

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