Understanding Want of Form in Legal Proceedings

His plea is contained in the following sentence in the affidavit: "It was by reason of my inadvertence, and not by reason of any want of" good faith on my part that I failed to make the said declarations in the prescribed form". ... The ordinary meaning of the word " inadvertence " is " not done by design ", " done heedlesslv ", or " by accident or without thinking". ... Held, that in the circumstances " ignorance of law " did not amount to '' inadvertence '' within the meaning of section 75 of the Order in Counci....

R. 465.] where it was held that an order for the payment of costs is not a decree as defined by the Code except when it was an order for costs only, or an order for costs made upon the dismissal of an action for want of jurisdiction. ... section 298 of the Code which provides for the issue of a warrant of arrest nor section 305 to which form 60 refers requires that the warrant of arrest should be in form 60. ... Form 60 is therefore only a model, and a warrant of arrest is not illegal merely because it does not e....

High Court Malaya Kuala Lumpur

The want of a form of authentication 'would render the instrument invalid' (Lim Eng Chuan Sdn Bhd v. ... The Impugned PA, being irrevocable in nature, is also invalid for want of consideration. ... of Form 14A in this Action. ... Moreover, the transferor who had executed the form (Form 14A) never denied that he had executed the form (Form 14A) and had indeed confirmed via the video recording that he was happy to transfer the Property. He had even wis....

In the present case the report of the Inspector of Excise is in the form of a charge. ... thought not to be necessary in the case of a small offence punishable only with three months' imprisonment or a fine of Rs. 60, and so the Magistrate is allowed in such a case, by the proviso to section 187, to read the report made to him under section 148 (1) (b) as a charge to the accused, any want ... -What is the meaning of the words " fatal to the conviction" ?] - Foot Notes: 1 (1922) 22 N. L. R. 206 2 Section 64A, the Courts Ordinance....

Section 756 requires that the appellant shall give notice-to the respondent, meaning thereby to the respondents where there is more than one respondent to an appeal. ... The notice of tendering security required by section 756 of the Civil Procedure Code should, therefore, be in the form presented! by Form No. 126 in the First Schedule to the Code. ... He relies in support of his argument on the language of section 756 and the form of notice prescribed in the Schedule. That form reads as follows :....

1971 0 Supreme(AP) 220

The Supreme Court pointed out that if by giving a literal meaning to the words used by the draftsman, particulary in a penal statute, would defeat the object of the Legislature, the court can depart from the dictionary meaning or even popular meaning and give a meaning to the words used which will advance ... The essen. tial requirement is that want of confidence should be expressed in such a manner that it is done within the framework of section 51. The form that is adopted to express....

Banda (supra) as meaning " pretended to be done " or " intended to be done ". ... Perera & Perera, The Schedule to the Civil Procedure Code prescribes the form of notice of action. That form provides that it should be addressed to the public officer concerned and it reads thus :- " Take notice that I, . . . . A. B . . . . of . . . ... The requirements of that section should be strictly observed and the notice should be in the form prescribed in the Schedule to the Code. ... When construing a provision such as s....

2025 Supreme(Online)(Chh) 10649

2B shall not be deemed to be a defect of a substantial character within the meaning of sub-section (4) of S.36 of the Act, 1951, meaning thereby except non - disclosure of symbols in the nomination paper in Form 2A or Form 2B, other defects would be of a substantial character. ... 2A or Form 2B shall not be deemed to be a defect of a substantial character within the meaning of sub- section (4) of S.36 4A. ... a Magistrate of the first class or a Notary in Form 26." ......

2010 0 Supreme(AP) 1041

... Rule 2:- A notice of the intention to make the motion shall be made n Form-I, in Form-II and in Form-III annexed to these rules either in English or in Telugu or in Urdu language, signed by not less than one-half of the total number of members of the Gram Panchayat, mandal Parishad ... Admittedly, there is no prescribed form for the motion to be moved by the members. ... Though the meaning of both these expressions may slightly vary in the sense that in case of “no confidence”, there is complete abs....

2008 0 Supreme(Ker) 455

Therefore, from the definition it makes clear, that if the energy is used in the form of heat for the purpose of manufacturing process, it comes within the meaning of "power". It was common knowledge that for the manufacture of sweets only gas was commonly used and not electricity. ... Therefore, "gas" was also one of the forms of "power" within the meaning of the Act and it need not be in the form of electrical energy. The establishment would, therefore, be liable to pay contribution determined under the Act." ... 3. .....

2019 0 Supreme(Cal) 293

I first want to elucidate the meaning of the word ‘justiciable’. According to Black’s Law Dictionary (Tenth Edition), ‘justiciable’ means “capable of being disposed of judicially” and ‘justiciability’ means “the quality, state, or condition of being appropriate or suitable for adjudication by a court.” The Learned Advocate General argued that no judicial review could lie on an issue that is not ‘justiciable’ by the courts. According to Jowitt’s Dictionary of English Law, Volume 2: J-Z (Fourth Edition), ‘justiciable’ means a matter, which is “proper to be examined in courts ....

2019 0 Supreme(Cal) 678

The Learned Advocate General argued that no judicial review could lie on an issue that is not 'justiciable' by the courts. I first want to elucidate the meaning of the word 'justiciable'. According to Jowitt's Dictionary of English Law, Volume 2: J-Z (Fourth Edition), 'justiciable' means a matter, which is "proper to be examined in courts of justice" or "...determining whether a matter which should be examined before the English courts (or some foreign court)". According to Black's Law Dictionary (Tenth Edition), 'justiciable' means "capable of being disposed of judicially"....

2017 0 Supreme(Raj) 2673

A person can be held destitute when no one is to support him and is found wandering without any settled place of abode and without visible means of subsistence. The dictionary meaning is "without resources, in want of necessaries". The expression 'destitute' has not been defined under the Act 1956 or under the Code of Criminal Procedure, 1973, or Code of Civil Procedure, 1908. In the instant case, no factual foundation has ever been laid by the Appellant before the courts below in this regard.

2015 0 Supreme(Cal) 38

‘Indigent’ is an adjective meaning in need, esp. of means of subsistence; ‘penury’ is a noun meaning want, great poverty; and ‘destitute’ is also an adjective meaning inter alia in utter want, entirely lacking and destitution, a noun, meaning the state of being destitute, poverty. It would be convenient at this stage to notice the dictionary meanings of the words indigent, penury and destitution.

2013 3 Supreme 186

The dictionary meaning is “without resources, in want of necessaries”. In the instant case, no factual foundation has ever been laid by the appellant before the courts below in this regard. A person can be held destitute when no one is to support him and is found wandering without any settled place of abode and without visible means of subsistence. The expression ‘destitute’ has not been defined under the Act 1956 or under the Code of Criminal Procedure, 1973, or Code of Civil Procedure, 1908.