AI Overview...
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Rescind - Defined as to revoke, annul, or withdraw a decision or order. It involves the act of rescinding or annulling a previous action, often with legal or administrative implications. The term is frequently interpreted through its dictionary meaning, such as in Black’s Law Dictionary, which describes rescinding as the act of revoking or cancelling a legal document or decision Mohinder Singh VS State of Haryana - Punjab and Haryana, Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat.
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Legal Context - Courts and authorities rely on dictionary definitions to interpret rescind when statutory or contractual language is ambiguous or lacks specific definitions. For instance, revoking an order or notification is considered rescinding, effectively nullifying the original action Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat.
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Application in Law and Policy - Governments and courts use the concept of rescission when modifying or withdrawing notifications, orders, or decisions, such as rescinding government notifications or statutory provisions, emphasizing its role in administrative law SIVAYA GRAMODYOG SANSTHAN VS COMMISSIONER OF SALES TAX, U. P. , LUCKNOW. - Allahabad, C. T. O. VS DELHI CLOTH AND GENERAL MILLS LTD. - Rajasthan.
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Main Points & Insights:
- Rescind involves revoking or annulling a prior decision or action.
- Dictionary definitions provide authoritative guidance in legal interpretations.
- Rescission can apply to contracts, orders, notifications, and statutory provisions.
- It signifies the cancellation or withdrawal that restores the status quo as if the original action never occurred Mohinder Singh VS State of Haryana - Punjab and Haryana, BHARAT PETROLEUM CORPORATION LTD. VS PRESIDING OFFICER - Calcutta, Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat.
Analysis and Conclusion:
The term rescind universally connotes the act of canceling, revoking, or annulling a decision, order, or agreement. It is primarily understood through its dictionary meanings, which serve as a foundation for legal interpretation. Rescission effectively nullifies the original act, restoring the parties or the situation to its prior state, and is applicable across various legal and administrative contexts.
Search Results for "Dictionary Definition of Rescind"
2006 0 Supreme(P&H) 3788 • India - Punjab and Haryana
S.S.SARON, S.S.NIJJAR
alteration and determined” - Explained - “Alter” is in contrast to word “reverse” - Reverse is equated to terms like “annul” or “rescind ... We have no reason to doubt the correctness of the definitions of the terms “alter”, “alteration” and “variation” as given in the RANDOM HOUSE UNABRIDGED DICTIONARY (SUPRA) and the definition of the term “variation” as contained in the Oxford English Dictionary. ... The definition of the term “extent” as contained in the Webster’s New Collegiate #H....
2020 Supreme(Online)(NCDRC) 450 • India - National Consumer Disputes Redressal Commission
Deepa Sharma, CJ, C. Viswanath, M
1, 4, 13, 14, 15) ... ... (B) Consumer Definition ... delays in property possession violate the standard of care required from service providers, affirming the consumer's rights to rescind ... Industrial Institute (1995) 3 SCC 583, we have to go by the dictionary meanings, “In the absence of a definition, we have to go by its ordinary meaning ‘Commercial’ denotes “pertaining to commerce” (Chamber’s Twentieth Century Dictionary); it means “connected ... with, or engaged in commerce; mercantile, having....
1989 0 Supreme(Cal) 341 • India - Calcutta
MONORANJAN MALLICK
The Court further observed that the learned Tribunal did not commit any illegality in taking the dictionary meaning of the word ' ... The Court further observed that the learned Tribunal did not commit any illegality in taking the dictionary meaning of the word ' ... Court observed that the term 'officer' in section 36(2) of the Industrial Disputes Act, 1947 has not been defined and that the definition ... The learned Tribunal has considered the dictionary meaning of the word 'officer' the meaning of the officer as given....
2003 0 Supreme(All) 2694 • India - Allahabad
RAJESH KUMAR
Ratio Decidendi: The court interpreted the definition of 'pottery' and considered previous notifications and legal interpretations ... Act No. 1 of 1904), the Governor is pleased, - ... (1) to rescind, with effect from July 1, 1979, Government Notification No. ... He relied upon the Dictionary meaning of word "pottery". ... It is relevant to consider the Dictionary meaning of word "pottery". ... In Encyclopedia Americana. ... The definition of potteries as referred above and as considered by the hon....
1997 2 Supreme 710 • India - Supreme Court
K.T.THOMAS, M.M.PUNCHHI
Act, 1895-Sections 2 & 3-Government grant-Can the government unilaterally rescind ... -Can the government unilaterally rescind a contract if the terms thereof provide ? A Single judge of the Madras High Court has held that any such term in the agreement is null and void being repugnant to the essence of the contract. ... In Black s Law Dictionary, the word "grant" is shown to have the meanings (i) to bestow; to confer upon someone other than the person or entity which makes the grant; (ii) to give or present as a right or privilege. .....
1992 0 Supreme(Raj) 42 • India - Rajasthan
V.K.SINGHAL
(3) F. 5(96)FD(CT)/67-1 dated February 20, 1968 : ... In exercise of the powers conferred by sub-section (2) of section 4 of the Rajasthan Sales Tax Act, 1954, the Government of Rajasthan being of the opinion that it is expedient in the public interest to do so, hereby rescinds
1953 0 Supreme(Cal) 197 • India - Calcutta
P.N.MUKHERJEE, SEN GUPTA
monthly Bharatia tenants in a suit for ejectment, filed an application under Section 28 of the Calcutta Thika Tenancy Act, 1949, to rescind ... The Calcutta Thika Tenancy (Amendment) Act, 1953, amended the definition of the term 'thika tenant' and omitted Section 28 of the ... Whether the petitioners are thika tenants within the meaning of the amended definition of the term 'thika tenant' introduced by the ... The amendment of the Calcutta Thika Tenancy Act 1949 by the Amendment Act of 1953 includes not only the substitution of a new #HL_....
1999 0 Supreme(Cal) 644 • India - Calcutta
RUMA PAL, S.N.BHATTACHARJEE
The Court relied on the definition of "staff" in Webster's New Dictionary of the English language and the New Shorter Oxford English ... Dictionary (1993 Edn.) which includes all employees including the Director within the meaning of the word "staff" in Rule 10.3 and ... Doubtless the word "staff' in Rule 10.3 in Webster's New Dictionary of the English language defines "staff' as "a group of assistants to an executive or military commander" as the learned Judge noted. ... Again the New Shorter Oxford English Di....
2016 Supreme(Online)(RAJ) 33 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
M.N. BHANDARI, J
It is in view of the definition of compensation given under the Black’s Law Dictionary and even by High Powered Committee Report of Co-operative by Ministry of Agriculture, Government of India. ... It is not disputed by either of the counsel that so far as the respondent Co- operative Bank is concerned, it falls in the definition of Short Term Credit Structure Society. ... at large, or is in excess of the powers of the society, the Registrar, may staying execution of the resolution interimly, propose to rescind the resol....
2023 0 Supreme(Guj) 826 • India - Gujarat
M. K. THAKKER
Fails to appear before authority - Applicant is seeking to quash FIR – Held, When order is revoked then effect of revocation is to rescind ... These words have no statutory definition and, therefore, would take the commonsense meaning available for these words. ... Considering the said decision, it transpires that when the order is revoked then the effect of the revocation is to rescind or annulling or withdrawing of order. The position would be brought back on revoking the order as if that the order was never in existence. ... The Shorte....
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