0-9
A
- A Will
- The words “a will” denote any testamentary document.
Source: Section 31 – Chapter II – Indian Penal Code, 1860
- Abandoned Child
- means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry
Source: Section 2(1) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Abridged Prospectus
- Means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulation in this behalf.
Source: Section 2(1) – Chapter I – The Companies Act, 2013
- Acceptor
- After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the “acceptor”.
Source: Section 7 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Acceptor for honour
- When a bill of exchange has been noted or protested for non-acceptance acceptance or for better security and any person accepts it supra protest for honour of the drawer or of any one of the indorsers, such person is called an “acceptor for honour”
Source: Section 7 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Accident
- It means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance or equipment, or plant, or vehicle resulting in continuous or intermittent or repeated exposure to death, of, or, injury to, any person or damage to any property or environment but does not include an accident by reason only of war or civil disturbance.
Source: section 2(a) – chapter 1 – National Green Tribunal Act, 2010
- Accounting Period
- means each period of twelve months ending with the 31st day of March: Provided that where a company or an entity, referred to in Explanation 5, regularly adopts a period of twelve months ending on a day other than the 31st day of March for the purpose of –
(i) complying with the provisions of the tax laws of the territory, of which it is a resident, for tax purposes; or
(ii) reporting to persons holding the share or interest,
then, the period of twelve months ending with the other day shall be the accounting period of the company or, as the case may be, the entity:
Provided further that the first accounting period of the company or, as the case may be, the entity shall begin from the date of its registration or incorporation and end with the 31st day of March or such other day, as the case may be, following the date of such registration or incorporation, and the later accounting period shall be the successive periods of twelve months:
Provided also that if the company or the entity ceases to exist before the end of accounting period, as aforesaid, then, the accounting period shall end immediately before the company or, as the case may be, the entity, ceases to exist;
Source: Section 9, Explanation 6(c) – Chapter II – Income Tax Act, 1961
- Accounting Standards
- means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133
Source: Section 2(2) – Chapter I – The Companies Act, 2013
- Act
- Used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions
Source: Section 3(2) – The General Clauses Act, 1897
- Act, Omission
- The word “act” denotes as well as series of acts as a single act: the word “omission” denotes as well a series of omissions as a single omission.
Source: Section 33 – Chapter II – Indian Penal Code, 1860
- Actionable claim
- Means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.
Source: Section 3 – Chapter 1 – The Transfer of Property Act, 1882
- Adapted Vehicle
- means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of Section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;
Source: Section 2(1) -Chapter I – The Motor Vehicles Act, 1988
- Addition
- Means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of an Indian, his father’s name, or where he is usually described as the son of his mother, then his mother’s name
Source: Section 2(1) – Chapter I – The Registration Act, 1908
- Additional Commissioner
- means a person appointed to be an Additional Commissioner of Income-tax under sub-section (1) of section 117
Source: Section 2(1C) – Chapter I – Income Tax Act, 1961
- Additional Director
- means a person appointed to be an Additional Director of Income-tax under sub-Section (1) of Section 117
Source: Section 2(1D) – Chapter I – Income Tax Act, 1961
- Adjudicating Authority
- The Central Government shall, by notification, appoint an Adjudicating Authority to exercise jurisdiction, powers and authority conferred by or under this Act.
Source: Section 6(1) – Chapter I Prevention of Money Laundering Act, 2002
- Adjudicating Authority
- For the purpose of adjudication under section 13, the Central Government may, by an order published in the Official Gazette, appoint as many officers of the Central Government as it may think fit, as the Adjudicating Authorities for holding an inquiry in the manner prescribed after giving the person alleged to have committed contravention under section 13, against whom a complaint has been made under sub-section (3) (hereinafter in this section referred to as the said person) a reasonable opportunity of being heard for the purpose of imposing any penalty: Provided that where the Adjudicating Authority is of opinion that the said person is likely to abscond or is likely to evade in any manner, the payment of penalty, if levied, it may direct the said person to furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit.
Source– Section 16(1) – Chapter I – Foreign Exchange Management Act,1999
- Administrative Assistance
- In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.
Source: (Section 2(6), General Provisions – Arbitration and Conciliation Act)
- Administrator
- means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred
Source: Section 2(4) – Chapter 1 – The Juvenile Justice (Care and Protection of Children) Act – 2015
- Adoption
- means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child;
Source: Section 2(2) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Adoption Regulations
- means the regulations framed by the Authority and notified by the Central Government in respect of adoption
Source: Section 2(3) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Advance Tax
- means the advance tax payable in accordance with the provisions of Chapter XVII-C
Source: Section 2(1) – Chapter I – Income Tax Act, 1961
- Affidavit
- Shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing
Source: Section 3(3) – The General Clauses Act, 1897
- Aftercare
- means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society
Source: Section 2(5) – Chapter 1 – The Juvenile Justice (Care and Protection of Chidren) Act – 2015
- Aggravated Penetrative Sexual Assault
- has the same meaning as assigned to it in Section 5
Source: Section 2 (1)(a) – Preliminary – The Protection of Children from Sexual Offences Act, 2012
- Aggravated Penetrative Sexual Assault
- when a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone;
Source: Section 5 – Chapter II – The Protection of Children from Sexual Offences Act, 2012
- Aggravated Sexual Assault
- has the same meaning as assigned to it in Section 9;
Source: Section 2 (1)(b) – Preliminary – The Protection of Children from Sexual Offences Act, 2012
- Aggravated Sexual Assault
- When a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone;
Section 9 – Chapter II – The Protection of Children from Sexual Offences Act, 2012
- Aggregator
- means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;
Source: Section 2(1A) -Chapter 1 – The Motor Vehicles Act, 1988
- Aggrieved Person
- means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
Source: Section 2(a) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Agricultural Income
- “means
(a) any rent or revenue derived from land which is situated in India and is used for agricultural purposes;
(b) any income derived from such land by—
(i) agriculture; or
(ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market; or
(iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has been performed other than a process of the nature described in paragraph (ii) of this sub-clause ;
(c) any income derived from any building owned and occupied by the receiver of the rent or revenue of any such land, or occupied by the cultivator or the receiver of rent-in-kind, of any land with respect to which, or the produce of which, any process mentioned in paragraphs (ii) and (iii) of sub-clause (b) is carried on:
Provided that—
(i) the building is on or in the immediate vicinity of the land, and is a building which the receiver of the rent or revenue or the cultivator, or the receiver of rent-in-kind, by reason of his connection with the land, requires as a dwelling house, or as a store-house, or other outbuilding, and
(ii) the land is either assessed to land revenue in India or is subject to a local rate assessed and collected by officers of the Government as such or where the land is not so assessed to land revenue or subject to a local rate, it is not situated— (A) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee or by any other name) or a cantonment board and which has a population of not less than ten thousand ; [(B) in any area within the distance, measured aerially,— (I) not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in item (A) and which has a population of more than ten thousand but not exceeding one lakh; or (II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (A) and which has a population of more than one lakh but not exceeding ten lakh; or (III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (A) and which has a population of more than ten lakh.]
[Explanation 4.—, ?;]”
Source: Section 2(1B) – Chapter I – Income Tax Act, 1961
- Agricultural Level
- means agricultural income as defined for the purposes of the enactments relating to Indian income-tax.
Source: (Article 366 (1), Part XIX – Miscellaneous – The Constitution of India)
- Air Pollutant
- means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.
Source: (Section 2(a), Preliminary – Air (Prevention and Control of Pollution) Act).
- Air Pollution
- means the presence in the atmosphere of any air pollutant.
Source: (Section 2(b), Preliminary – Air (Prevention and Control of Pollution) Act).
- Allotment list
- Means a list containing details of allotment of the securities intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories Act, 1996 (22 of 1996).
Source: Section 2(1) – Chapter I – The Indian Stamp Act, 1899
- Alter or Alteration
- includes the making of additions, omissions and substitutions.
Source: Section 2(3) – Chapter I – The Companies Act, 2013
- Alteration
- For the purposes of this section, “alteration” means a change in the structure of a vehicle which results in a change in its basic feature.
Source: Section 52 – Chapter IV – The Motor Vehicles Act, 1988
- Amalgamation
- “in relation to companies, means the merger of one or more companies with another company or the merger of two or more companies to form one company (the company or companies which so merge being referred to as the amalgamating company or companies and the company with which they merge or which is formed as a result of the merger, as the amalgamated company) in such a manner that—
(i) all the property of the amalgamating company or companies immediately before the amalgamation becomes the property of the amalgamated company by virtue of the amalgamation;
(ii) all the liabilities of the amalgamating company or companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of the amalgamation;
(iii) shareholders holding not less than 1 [three-fourths] in value of the shares in the amalgamating company or companies (other than shares already held therein immediately before the amalgamation by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company by virtue of the amalgamation, otherwise than as a result of the acquisition of the property of one company by another company pursuant to the purchase of such property by the other company or as a result of the distribution of such property to the other company after the winding up of the first-mentioned company”
Source: Section 2(1B) – Chapter I – Income Tax Act, 1961
- Ambiguous instruments
- Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated accordingly.
Source: Section 17 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Anglo-Indian
- means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
Source: (Article 366(2), Part XIX – Miscellaneous – The Constitution of India)
- Animal
- The word “animal” denotes any living creature, other than a human being.
Source: Section 47 – Chapter II – Indian Penal Code, 1860
- Annual Value
- in relation to any property, means its annual value as determined under section 23
Source: Section 2(2) – Chapter I – Income Tax Act, 1961
- Anomalous mortgage
- A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.
Source: Section 58(g) – Chapter IV – The Transfer of Property Act, 1882
- Appellate Tribunal
- The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.
Source: Section 18 – Chapter I – Foreign Exchange Management Act,1999
- Appellate Tribunal
- The Central Government shall, by notification, establish an Appellate Tribunal to hear appeals against the orders of the Adjudicating Authority and the authorities under this Act.
Source: Section 25, Prevention of Money Laundering Act, 2002
- Appellate Tribunal
- means the Appellate Tribunal constituted under section 252
Source: Section 2(4) – Chapter I – Income Tax Act, 1961
- Appellate Tribunal
- Means a Debts Recovery Appellate Tribunal established under sub-section (1) of section 8 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).
Source: Section 2(b) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Appellate Tribunal
- means the National Company Law Appellate Tribunal constituted under section 410.
Source: Section 2(4) – Chapter I – The Companies Act, 2013
- Applicant
- Includes— (i) a petitioner; (ii) any person from or through whom an applicant derives his right to apply; (iii) any person whose estate is represented by the applicant as executor, administrator or other representative;
Source: Section 2(a) – Part I – The Limitation Act, 1963
- Appointed Day
- means the date on which the Authority is established under sub-section (1) of section 3
Source: Section 2(a) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Appropriate Authority
- For the purposes of this sub-section and sub-sections (8) and (9), “appropriate authority” in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark.
Source: Section 51 – Chapter IV – The Motor Vehicles Act, 1988
- Appropriate Authority
- ““appropriate authority”, in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit;”
Source: Section 88, Explanation a – Chapter V – The Motor Vehicles Act, 1988
- Appropriate Government
- “For the purposes of this sub-section, “appropriate Government” means the Central Government or a State Government, as the case may be, and—
(i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government;
(ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government;
(iii) in relation to any other State transport undertaking or any local authority, means that Government which has control over that undertaking or authority.”
Source: Section 146(3), Explanation – Chapter XI – The Motor Vehicles Act, 1988
- Appropriate Government
- “In sections fifty-four and fifty-five the expression “appropriate Government” means,—
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.”
Source: Section 55A – Chapter III – Indian Penal Code, 1860
- Approved Appliance
- means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the purposes of this Act.
Source: Section 2(c), Preliminary – Air (Prevention and Control of Pollution) Act
- Approved Fuel
- means any fuel approved by the State Board for the purposes of this Act.
Source: (Section 2(d), Preliminary – Air (Prevention and Control of Pollution) Act).
- Approved Gratuity Fund
- means a gratuity fund which has been and continues to be approved by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with the rules contained in Part C of the Fourth Schedule
Source: Section 2(5) – Chapter I – Income Tax Act, 1961
- Approved Securities
- Means the securities issued by the Central Government or any State Government or such other securities as may be specified by the Reserve Bank from time to time.
Source: Section 5(a) – Part I – The Banking Regulation Act, 1949
- Approved Superannuation Fund
- means a superannuation fund or any part of a superannuation fund which has been and continues to be approved by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with the rules contained in Part B of the Fourth Schedule
Source: Section 2(6) – Chapter I – Income Tax Act, 1961
- Arbitral Award
- includes an interim award
Source: Section 2 (1)(c), General Provisions˜ – Arbitration and Conciliation Act
- Arbitral Tribunal
- a sole arbitrator or a panel of arbitrators.
Source: Section 2 (1)(d), General Provisions˜ – Arbitration and Conciliation Act
- Arbitration
- any arbitration whether or not administered by a permanent arbitral institution.
Source: Section 2 (1)(a), General Provisions – Arbitration and Conciliation Act
- Arbitration Agreement
- “(1) In this Part, ?arbitration agreement? means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in?
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication 1 [including communication through electronic means] which provide a record of the agreement; or
(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.
(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. “
Source: Section 7(1)(b), Arbitration Agreement – Arbitration and Conciliation Act
- Area
- in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;
Source: Section 2(1B) -Chapter I – The Motor Vehicles Act, 1988
- Armed Forces Or Security Forces
- means armed forces of the Union or security forces or police forces, as specified in the Schedule;
Source: Section 2 (1)(c) – Preliminary – The Protection of Children from Sexual Offences Act, 2012
- Article
- means an article of this Constitution.
Source: Article 366(3), Part XIX – Miscellaneous – The Constitution of India
- Article
- Means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;
Source: Section 2(a) – Chapter I -The Designs Act, 2000
- Articles
- means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act.
Source: Section 2(5) – Chapter I – The Companies Act, 2013
- Articulated Vehicle
- means a motor vehicle to which a semitrailer is attached;
Source: Section 2(2) -Chapter I – The Motor Vehicles Act, 1988
- Assessee
- “means a person by whom any tax or any other sum of money is payable under this Act, and includes—
(a) every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or assessment of fringe benefits or of the income of any other person in respect of which he is assessable, or of the loss sustained by him or by such other person, or of the amount of refund due to him or to such other person;
(b) every person who is deemed to be an assessee under any provision of this Act;
(c) every person who is deemed to be an assessee in default under any provision of this Act;”
Source: Section 2(7) – Chapter I – Income Tax Act, 1961
- Assessing Officer
- means the Assistant Commissioner or Deputy Commissioner or Assistant Director or Deputy Director or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of this Act, and the Additional Commissioner or Additional Director or Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act;
Source: Section 2(7A) – Chapter I – Income Tax Act, 1961
- Assessment
- includes reassessment
Source: Section 2(8) – Chapter I – Income Tax Act, 1961
- Assessment Year
- means the period of twelve months commencing on the 1st day of April every year;
Source: Section 2(9) – Chapter I – Income Tax Act, 1961
- Asset reconstruction
- means acquisition by any asset reconstruction company]of any right or interest of any bank or financial institution in any financial assistance for the purpose of realisation of such financial assistance.
Source: Section 2(b) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Asset reconstruction company
- Means a company registered with Reserve Bank under section 3 for the purposes of carrying on the business of asset reconstruction or securitisation, or both.
Source: Section 2(ba) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Assignee
- Includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person.
Source: Section 2 (1)(ab) – Chapter I -The Patents Act, 1970
- Assignment
- Means an assignment in writing by act of the parties concerned;
Source: Section 2(b) – Chapter I – The Trade Marks Act, 1999
- Assistant Commissioner
- means a person appointed to be an Assistant Commissioner of Income-tax or a Deputy Commissioner of Income-tax under sub-section (1) of section 117
Source: Section 2(9A) – Chapter I – Income Tax Act, 1961
- Assistant Director
- The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act.
Source: Section 49(1), Prevention of Money Laundering Act, 2002
- Assistant Director
- means a person appointed to be an Assistant Director of Income-tax under sub-section (1) of section 117;
Source: Section 2(9B) – Chapter I – Income Tax Act, 1961
- Associate
- means an entity in which a director or a trustee or a partner or a member or a fund manager of the investment fund or a director or a trustee or a partner or a member of the fund manager of such fund, holds, either individually or collectively, share or interest, being more than fifteen per cent. of its share capital or interest, as the case may be;
Source: Section 9A(9)(a)- Chapter II – Income Tax Act, 1961
- Associate Company
- In relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company.
Source: Section 2(6) – Chapter I – The Companies Act, 2013
- Associated Enterprise
- shall have the meaning assigned to it in section 92
Source: Section 9, Explanation 7 – Chapter II – Income Tax Act, 1961
- Associated Trade Marks
- Means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
Source: Section 2(c) – Chapter I – The Trade Marks Act, 1999
- At sight or On presentment
- In a promissory note or bill of exchange the expressions “at sight” and “on presentment” mean on demand.
Source: Section 21 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Attached to the earth
- Means— (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached
Source: Section 3 – Chapter 1 – The Transfer of Property Act, 1882
- Attachment
- prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III.
Source: Section 2(d), Prevention of Money Laundering Act, 2002
- Attested
- In relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary
Source: Section- 3 – Chapter 1 – The Transfer of Property Act, 1882
- Auditing Standards
- means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143.
Source: Section 2(7) – Chapter I – The Companies Act, 2013
- Authorisation Fee
- ” means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned;”
Source: Section 88, Explanation b – Chapter V – The Motor Vehicles Act, 1988
- Authorised Capital or Nominal Capital
- means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company.
Source: Section 2(8) – Chapter I – The Companies Act, 2013
- Authorised Foreign Adoption Agency
- means a foreign social or child welfare agency that is authorised by the Central Adoption Resource Authority on the recommendation of their Central Authority or Government department of that country for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents for adoption of a child from India
Source: Section 2(6) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Authorised Insurer
- means an insurer for the time being carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972, (57 of 1972) and any Government insurance fund authorised to do general insurance business under that Act;
Source: Section 145(a) – Chapter XI – The Motor Vehicles Act, 1988
- Authorised Officer
- “an officer of the Directorate of Enforcement authorised by the Central Government under section 37A. 37A. Special provisions relating to assets held outside India in contravention of section 4.—
(1) Upon receipt of any information or otherwise, if the Authorised Officer prescribed by the Central Government has reason to believe that any foreign exchange, foreign security, or any immovable property, situated outside India, is suspected to have been held in contravention of section 4, he may after recording the reasons in writing, by an order, seize value equivalent, situated within India, of such foreign exchange, foreign security or immovable property: Provided that no such seizure shall be made in case where the aggregate value of such foreign exchange, foreign security or any immovable property, situated outside India, is less than the value as may be prescribed.
(2) The order of seizure along with relevant material shall be placed before the Competent Authority, appointed by the Central Government, who shall be an officer not below the rank of Joint Secretary to the Government of India by the Authorised Officer within a period of thirty days from the date of such seizure.
(3) The Competent Authority shall dispose of the petition within a period of one hundred eighty days from the date of seizure by either confirming or by setting aside such order, after giving an opportunity of being heard to the representatives of the Directorate of Enforcement and the aggrieved person. Explanation.—While computing the period of one hundred eighty days, the period of stay granted by court shall be excluded and a further period of at least thirty days shall be granted from the date of communication of vacation of such stay order.
(4) The order of the Competent Authority confirming seizure of equivalent asset shall continue till the disposal of adjudication proceedings and thereafter, the Adjudicating Authority shall pass appropriate directions in the adjudication order with regard to further action as regards the seizure made under sub-section (1): Provided that if, at any stage of the proceedings under this Act, the aggrieved person discloses the fact of such foreign exchange, foreign security or immovable property and brings back the same into India, then the Competent Authority or the Adjudicating Authority, as the case may be, on receipt of an application in this regard from the aggrieved person, and after affording an opportunity of being heard to the aggrieved person and representatives of the Directorate of Enforcement, shall pass an appropriate order as it deems fit, including setting aside of the seizure made under sub-section (1).
(5) Any person aggrieved by any order passed by the Competent Authority may prefer an appeal to the Appellate Tribunal. (6) Nothing contained in section 15 shall apply to this section. “
Source: Section 37A – Chapter I – Foreign Exchange Management Act,1999
- Authorised Person
- The Reserve Bank may, on an application made to it in this behalf, authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities, as an authorised dealer, money changer or off-shore banking unit or in any other manner as it deems fit.
Source: Section 10(1), Foreign Exchange Management Act, 1999
- Authorised Person
- an authorised dealer, money changer, off-shore banking unit or any other person for the time being authorised under sub-section (1) of section 10 to deal in foreign exchange or foreign securities.
Source: Section 2(c) – Chapter I – Foreign Exchange Management Act,1999
- Authorised Person
- means a person referred to as such in article 243ZQ
Source: (Article 243ZH (a), Part IXB – The Co-Operative Societies, The Constitution of India).
- Authorised Testing Station
The “authorised testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such
stations or garages.
Source: Section 56(2) – Chapter IV – The Motor Vehicles Act, 1988
- Authorised User
- Means the authorised user of a geographical indication registered under section 17
Source: Section 2(1)(b) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Authority
- means the Insurance Regulatory and Development Authority of India established under sub-section (1) of Section 3;
Source: Section 2(b) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Authority
- means the Central Adoption Resource Authority constituted under Section 68
Source: Section 2(7) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Automobile
- means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel.
Source: (Section 2(e), Preliminary – Air (Prevention and Control of Pollution) Act).
- Average Rate Of Income-Tax
- means the rate arrived at by dividing the amount of income-tax calculated on the total income, by such total income;
Source: Section 2(10) – Chapter I – Income Tax Act, 1961
- Award
- means an award made by that Tribunal under Section 168
Source: Section 149, Explanation – Chapter XI – The Motor Vehicles Act, 1988
- Axle Weight
- means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests;
Source: Section 2(3) -Chapter I – The Motor Vehicles Act, 1988
B
- Bailable Offence
- It means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
Source: Section 2(a), The Criminal Procedure Code, 1973
- Bank
- Means—
(i) a banking company; or
(ii) a corresponding new bank; or
(iii) the State Bank of India; or
(iv) a subsidiary bank
(v) such other bank which the Central Government may, by notification, specify for the purposes of this Act
Source: Section 2(c) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Banker
- Includes a bank and any person acting as a banker
Source: Section 2(1A) – Chapter I – The Indian Stamp Act, 1899
- Banking
- Means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise;
Source: Section 5(b) – Part I – The Banking Regulation Act, 1949
- Banking Company
- a banking company or a co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that Act.
Source: Section 2(e), Prevention of Money Laundering Act, 2002
- Banking Company
- means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949.
Source: Section 2(9) – Chapter I – The Companies Act, 2013
- Banking Company
- Means any company which transacts the business of banking in India.
Explanation.–Any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause;
Source: Section 5(c) – Part I – The Banking Regulation Act, 1949
- Banking Policy
- Means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources;
Source: Section 5(ca) – Part I – The Banking Regulation Act, 1949
- Barrister
- Shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland
Source: Section 3(4) – The General Clauses Act, 1897
- Begging
- “means
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal”
Source: Section 2(8) – Chapter 1 – The Juvenile Justice (Care and Protection of Children) Act – 2015
- Bench
- a Bench of the Appellate Tribunal.
Source: Section 2(d) – Chapter I – Foreign Exchange Management Act,1999
- Bench
- a Bench of the Appellate Tribunal.
Source: Section 2(f) – Chapter I – Prevention of Money Laundering Act, 2002
- Beneficial Owner
- an individual who ultimately owns or controls a client of a reporting entity or the person on whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a juridical person.
Source: Section 2(fa) – Chapter I – Prevention of Money Laundering Act, 2002
- Benefit Claimers
- It means the conservers of biological resources, their by-products, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application.
Source: section 2(a) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Best Interest Of Child
- means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development
Source: Section 2(9) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Bill of exchange
- means a bill of exchange as defined by the Negotiable Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money.
Source: Section 2(2) – Chapter I – The Indian Stamp Act, 1899
- Bill of exchange
- means a bill of exchange as defined by the Negotiable Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money.
Source: Section 2(2) – Chapter I – The Indian Stamp Act, 1899
- Bill of exchange
- A “bill of exchange” is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.
Source: Section 5 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Bill of exchange payable on demand
- “bill of exchange payable on demand” includes— (a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; (b) an order for the payment of any sum of money weekly, monthly or at any other stated period; and (c) a letter of credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn.
Source: Section 2(3) – Chapter I – The Indian Stamp Act, 1899
- Bill of lading
- “bill of lading” includes a “through bill of lading”, but does not include a mate’s receipt
Source: Section 2(4) – Chapter I – The Indian Stamp Act, 1899
- Bio-Survey and Bio-Utilisation
- It means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characterisation, inventorisation and bioassay.
Source: section 2(d) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Biological Diversity
- It means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of eco-systems.
Source: section 2(b) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Biological Resources
- It means plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material.
Source: section 2(c) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Block Of Assets
- “means a group of assets falling within a class of assets comprising—
(a) tangible assets, being buildings, machinery, plant or furniture;
(b) intangible assets, being know-how, patents, copyrights, trade-marks, licences, franchises or any other business or commercial rights of similar nature, in respect of which the same percentage of depreciation is prescribed”
Sources: Section 2(11) – Chapter I – Income Tax Act, 1961
- Board
- means the Central Board or a State Board.
Source: (Section 2(f), Preliminary – Air (Prevention and Control of Pollution) Act).
- Board
- means a Juvenile Justice Board constituted under section 4
Source: Section 2(10) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Board
- means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963)
Source: Section 2(12) – Chapter I – Income Tax Act, 1961
- Board
- “(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Board by the name of the Securities and Exchange Board of India.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Board shall be at Bombay.
(4) The Board may establish offices at other places in India.”
Source: Section 3, Securities and Exchange Board of India Act, 1992
- Board
- means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to.
Source: (Article 243ZH(b), Part IXB – The Co-Operative Societies, The Constitution of India ).
- Board
- Means the Securities and Exchange Board of India established under section 3 of the
Securities and Exchange Board of India Act, 1992 (15 of 1992)
Source: Section 2(e) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Board of Directors or Board
- In relation to a company, means the collective body of the directors of the company.
Source: Section 2(10) – Chapter I – The Companies Act, 2013
- Body Corporate or Corporation
- Includes a company incorporated outside India, but does not include—
(i) a co-operative society registered under any law relating to co-operative societies; and
(ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf.
Source: Section 2(11) – Chapter I – The Companies Act, 2013
- Bond
- “bond” includes— (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and (c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another; but does not include a debenture;
Source: Section 2(5) – Chapter I – The Indian Stamp Act, 1899
- Bond
- Includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
Source: Section 2(d) – Part I – The Limitation Act, 1963
- Book
- Includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book
Source: Section 2(2) – Chapter I – The Registration Act, 1908
- Book and Paper and Book or Paper
- Include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form.
Source: Section 2(12) – Chapter I – The Companies Act, 2013
- Books Or Books Of Account
- includes ledgers, day-books, cash books, account-books and other books, whether kept in the written form or as print-outs of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device;
Source: Section 2(12A) – Chapter I – Income Tax Act, 1961
- Books of Account
- Includes records maintained in respect of—
(i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place;
(ii) all sales and purchases of goods and services by the company;
(iii) the assets and liabilities of the company; and
(iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section
Source: Section 2(13) – Chapter I – The Companies Act, 2013
- Borrow
- means and includes the raising of money by the grant of annuities, and loan shall be construed accordingly.
Source: (Article 366(4), Part XIX – Miscellaneous – The Constitution of India)
- Borrower
- means any person who, or a pooled investment vehicle as defined in clause (da) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) which,] has been granted financial assistance by any bank or financial institution or who has given any guarantee or created any mortgage or pledge as security for the financial assistance granted by any bank or financial institution and includes a person who, or a pooled investment vehicle which,] becomes borrower of a asset reconstruction company] consequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance or who has raised funds through issue of debt securities.
Source: Section 2(f) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Branch Office
- In relation to a company, means any establishment described as such by the company.
Source: Section 2(14) – Chapter I – The Companies Act, 2013
- Branch or Branch Office
- In relation to a banking company, means any branch or branch office, whether called a pay office or sub-pay office or by any other name, at which deposits are received, cheques cashed or moneys lent, and for the purposes of section 35 includes any place of business where any other form of business referred to in sub-section (1) of section 6 is transacted;
Source: Section 5(cc) – Part I – The Banking Regulation Act, 1949
- Breath Test
- means a test for the purpose of obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test.
Source: Section 203, Explanation – Chapter XIII – The Motor Vehicles Act, 1988
- British India
- Shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty’s dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or Officer subordinate to the Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors’ Provinces and the Chief Commissioners’ Provinces, except that a reference to British India in an Indian law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar
Source: Section 3(5) – The General Clauses Act, 1897
- British possession
- Shall mean any part of Her Majesty’s dominions exclusive of the United Kingdom, and where parts of those dominions are under both a Central and a Local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession
Source: Section 3(6) – The General Clauses Act, 1897
- Budapest Treaty
- Means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;
Source: Section 2(1)(aba) – Chapter I -The Patents Act, 1970
- Business
- includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture;
Source: Section 2(13) – Chapter I – Income Tax Act, 1961
- Business Trust
- means a trust registered as,—
(i) an Infrastructure Investment Trust under the Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992); or
(ii) a Real Estate Investment Trust under the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 made under the Securities and Exchange Board of
India Act, 1992 (15 of 1992), and the units of which are required to be listed on recognised stock exchange in accordance with the aforesaid regulations;
- Buyer
- means a person who buys or agrees to buy goods
Source: (Section 2.1, Preliminary- Sale of Goods Act).
C
- Called up Capital
- Means such part of the capital, which has been called for payment
Source: Section 2(15) – Chapter I – The Companies Act, 2013
- Candidate
- For the purpose of this Chapter, candidate means a person who has been nominated as a candidate at any election;
Source: Section 171A(a) – Chapter IXA – Indian Penal Code, 1860
- Capable of Industrial Application
- In relation to an invention, means that the invention is capable of being made or used in an industry.
Source: Section 2(1)(ac) – Chapter I -The Patents Act, 1970
- Capital Account Transaction
- “a transaction which alters the assets or liabilities, including contingent liabilities, outside India of persons resident in India or assets or liabilities in India of persons resident outside India, and includes transactions referred below: Without prejudice to the generality of the provisions of sub-section (2), the Reserve Bank may, by regulations prohibit, restrict or regulate the following:—
(a) transfer or issue of any foreign security by a person resident in India;
(b) transfer or issue of any security by a person resident outside India;
(c) transfer or issue of any security or foreign security by any branch, office or agency in India of a person resident outside India;
(d) any borrowing or lending in foreign exchange in whatever form or by whatever name called;
(e) any borrowing or lending in rupees in whatever form or by whatever name called between a person resident in India and a person resident outside India;
(f) deposits between persons resident in India and persons resident outside India;
(g) export, import or holding of currency or currency notes;
(h) transfer of immovable property outside India, other than a lease not exceeding five years, by a person resident in India;
(i) acquisition or transfer of immovable property in India, other than a lease not exceeding five years, by a person resident outside India;
(j) giving of a guarantee or surety in respect of any debt, obligation or other liability incurred— (i) by a person resident in India and owed to a person resident outside India; or (ii) by a person resident outside India.”
Source: Section 6(3) – Chapter I – Foreign Exchange Management Act,1999
- Capital Asset
- “means— (a) property of any kind held by an assessee, whether or not connected with his business or profession;
(b) any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), but does not include—
(i) any stock-in-trade [other than the securities referred to in sub-clause (b), consumable stores or raw materials held for the purposes of his business or profession;
(ii) personal effects, that is to say, movable property (including wearing apparel and furniture) held for personal use by the assessee or any member of his family dependant on him, but excludes— (a) jewellery; (b) archaeological collections; (c) drawings; (d) paintings; (e) sculptures; or (f) any work of art
(iii) agricultural land in India, not being land situate—
(a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand ; or
(b) in any area within the distance, measured aerially,—
(I) not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or
(II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or
(III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh.”
Source: Section 2(14) – Chapter I – Income Tax Act, 1961
- Central Act
- Shall means an Act of Parliament, and shall include— (a) an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and (b) an Act made before such commencement by the Governor General in Council or the Governor General, acting in a legislative capacity
Source: Section 3(7) – The General Clauses Act, 1897
- Central Authority
- means the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation in Inter-country Adoption (1993)
Source: Section 2(11) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Central Board
- means the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974.
Source: (Section 2(g), Preliminary – Air (Prevention and Control of Pollution) Act).
- Central Government
- Shall,— (a) in relation to anything done before the commencement of the Constitution, mean the Governor General or the Governor General in Council, as the case may be; and shall include,— (i) in relation to functions entrusted under sub-section (1) of section 124 of the Government of India Act, 1935, to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that subsection; and (ii) in relation to the administration of a Chief Commissioner’s Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of section 94 of the said Act; and (b) in relation to anything done or to be done after the commencement of the Constitution, mean the President; and shall include,— (i) in relation to functions entrusted under clause (1) of article 258 of the Constitution, to the Government of a State, the State Government acting within the scope of the authority given to it under that clause; (ii) in relation to the administration of a Part C State before the commencement of the Constitution (Seventh Amendment) Act, 1956], the Chief Commissioner or the LieutenantGovernor or the Government of a neighbouring State or other authority acting within the scope of the authority given to him or it under article 239 or article 243 of the Constitution, as the case may be; and(iii) in relation to the administration of a Union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the Constitution
Source: Section 3(8) – The General Clauses Act, 1897
- Certificate Of Insurance
- means a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;
Source: Section 145(b) – Chapter XI – The Motor Vehicles Act, 1988
- Certificate Of Registration
- means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV;
Source: Section 2(4) -Chapter I – The Motor Vehicles Act, 1988
- Certification Trade Mark
- Means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
Source: Section 2(e) – Chapter I – The Trade Marks Act, 1999
- Chairman
- means the Chairman of the Board
Source: Section 2(b), Securities and Exchange Board of India Act, 1992
- Chairperson
- means the Chairperson of the Authority
Source: Section 2(c) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Chairperson
- the Chairperson of the Appellate Tribunal.
Source: Section 2(f) – Chapter I – Foreign Exchange Management Act,1999
- Chairperson
- the Chairperson of the Appellate Tribunal.
Source: Section 2(g) – Chapter I – Prevention of Money Laundering Act, 2002
- Chairperson
- It means the Chairperson of the National Green Tribunal.
Source: section 2(b) – chapter 1 – National Green Tribunal Act, 2010
- Chairperson
- It means the Chairperson of the National Biodiversity Authority or, as the case may be, of the State Biodiversity Board.
Source: section 2(e) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Chapter
- Shall mean a Chapter of the Act or Regulation in which the word occurs
Source: Section 3(9) – The General Clauses Act, 1897
- Charge
- It includes any head of charge when the charge contains more heads than one.
Source: Section 2(b), The Criminal Procedure Code, 1973
- Charge
- Means an interest or lien created on the property or assets of any person or any of its undertakings or both, as the case may be, as security and includes a mortgage
Source: Section 3(4) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Charge
- Means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage
Source: Section 2(16) – Chapter I – The Companies Act, 2013
- Chargeable
- Means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in India when such instrument was executed or, where several persons executed the instrument at different times, first executed.
Source: Section 2(6) – Chapter I – The Indian Stamp Act, 1899
- Charges
- Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge. Nothing in this section applies to the charge of a trustee on the trust property for expenses properly incurred in the execution of his trust, and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge
Source: Section 100 – Chapter IV – The Transfer of Property Act, 1882
- Charitable Purpose
- “includes relief of the poor, education, yoga medical relief, [preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest and the advancement of any other object of general public utility; Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless –
(i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and
(ii) the aggregate receipts from such activity or activities during the previous year, do not exceed twenty per cent. of the total receipts, of the trust or institution undertaking such activity or activities, of that previous year;”
Source: Section 2(15) – Chapter I – Income Tax Act, 1961
- Chartered Accountant
- shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949);
Source: Section 2(g) – Chapter I – Foreign Exchange Management Act,1999
- Chartered Accountant
- Means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 who holds a valid certificate of practice under sub-section (1) of section 6 of that Act.
Source: Section 2(17) – Chapter I – The Companies Act, 2013
- Cheque
- Means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.
Source: Section 2(7) – Chapter I – The Indian Stamp Act, 1899
- Cheque
- A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form.
Source: Section 6 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Chief Commissioner
- means a person appointed to be a Chief Commissioner of Income-tax under sub-section (1) of section 117
Source: Section 2(15A) – Chapter I – Income Tax Act, 1961
- Chief Controlling Revenue Authority or Chief Revenue Authority
- Shall mean— (a) in a State where there is a Board of Revenue, that Board; (b) in a State where there is a Revenue Commissioner, that Commissioner; (c) in Punjab, the Financial Commissioner; and (d) elsewhere, such authority as, in relation to matters enumerated in List I in the Seventh Schedule to the Constitution, the Central Government, and in relation to other matters, the State Government, may by notification in the Official Gazette, appoint
Source: Section 3(10) – The General Clauses Act, 1897
- Chief Executive Officer
- Means an officer of a company, who has been designated as such by it
Source: Section 2(18) – Chapter I – The Companies Act, 2013
- Chief Financial Officer
- Means a person appointed as the Chief Financial Officer of a company
Source: Section 2(19) – Chapter I – The Companies Act, 2013
- Child
- means any person below the age of eighteen years;
Source: (Section 2 (1)(d) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Child
- in relation to an individual, includes a step-child and an adopted child of that individual;
Source: Section 2(15B) – Chapter I – Income Tax Act, 1961
- Child
- means a person who has not completed eighteen years of age
Source: Section 2(12) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child
- means any person below the age of eighteen years and includes any adopted, step or foster child;
Source: Section 2(b) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Child Care Institution
- means Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services
Source: Section 2(21) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child Friendly
- means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child
Source: Section 2(15) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child In Conflict With Law
- means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence
Source: Section 2(13) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child In Need Of Care And Protection
- “means a child?
(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person?
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or (vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage”
Source: Section 2(14) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child Legally Free For Adoption
- “means a child declared as such by the Committee after making due inquiry under section 38;”
Source: Section 2(16) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child Welfare Officer
- “means an officer attached to a Children’s Home, for carrying out the directions given by the Committee or, as the case may be, the Board with such responsibility as may be prescribed; “
Source: Section 2(17) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Child Welfare Police Officer
- means an officer designated as such under sub-section (1) of section 107
Source: Section 2(18) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Childline Services
- means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service
Source: Section 2(25) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Children’s Court
- means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act
Source: Section 2(20) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Children’s Home
- means a Children’s Home, established or maintained, in every district or group of districts, by the State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 50
Source: Section 2(19) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Chimney
- includes any structure with an opening or outlet from or through which any air pollutant may be emitted.
Source: (Section 2(h), Preliminary – Air (Prevention and Control of Pollution) Act).
- Chit Fund Company
- a company managing, conducting or supervising, as foreman, agent or in any other capacity, chits as defined in section 2 of the Chit Funds Act, 1982 (40 of 1982);
Source: Section 2(h) – Chapter I – Prevention of Money Laundering Act, 2002
- Claim
- Means—
(a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured;
(b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured;
Source: Section 3(6) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Clearance list
- Means a list of transactions of sale and purchase relating to contracts traded on the stock exchanges submitted to a clearing corporation in accordance with the law for the time being in force in this behalf
Source: Section 2(7A) – Chapter I – The Indian Stamp Act, 1899
- Clearing corporation
- Means an entity established to undertake the activity of clearing and settlement of transactions in securities or other instruments and includes a clearing house of a recognised stock exchange
Source: Section 2(7B) – Chapter I – The Indian Stamp Act, 1899
- Co-Operative Society
- means a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State for the registration of co-operative societies;
Source: Section 2(19) – Chapter I – Income Tax Act, 1961
- Co-operative Society
- means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child
Source: Section 2(24) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Code
- It includes rules.
Source: Section 2(1), The Civil Procedure Code, 1908
- Cognizable Offence
- It means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. Explanation.—A report made by a police officer in a case which discloses, after investigation, the
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant.
Source: Section 2(c), The Criminal Procedure Code, 1973
- Coin
- Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.
Source: Section 230 – Chapter XII – Indian Penal Code, 1860
- Collective Mark
- Means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;
Source: Section 2(g) – Chapter I – The Trade Marks Act, 1999
- Collector
- Means, within the limits of the towns of Calcutta, Madras, and Bombay, the Collector of Calcutta, Madras, and Bombay, respectively, and, without those limits, the Collector of a district
Source: Section 2(9) – Chapter I – The Indian Stamp Act, 1899
- Collector
- shall mean, in a Presidency-town, the Collector of Calcutta, Madras or Bombay, as the case may be, and elsewhere the chief officer-in-charge of the revenue-administration of a district
Source: Section 3(11) – The General Clauses Act, 1897
- Colony
- (a) in any Central Act passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty’s dominions exclusive of the British Islands, the Dominions of India and Pakistan (and before the establishment of those Dominions, British India), any Dominions as defined in the Statute of Westminister, 1931, any Province or State forming part of any of the said Dominions, and British Burma; and (b) in any Central Act passed before the commencement of Part III of the said Act, mean any part of His Majesty’s dominions exclusive of the British Islands and of British India; and in either case where parts of those dominions are under both a Central and Local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one colony
Source: Section 3(12) – The General Clauses Act, 1897
- Commencement
- Used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force
Source: Section 3(13) – The General Clauses Act, 1897
- Commercial Utilisation
- It means end uses of biological resources for commercial utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping.
Source: section 2(f) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Commissioner
- Shall mean the chief officer-in-charge of the revenue administration of a division
Source: Section 3(14) – The General Clauses Act, 1897
- Commissioner (Appeals)
- means a person appointed to be a Commissioner of Income-tax (Appeals) under sub-section (1) of section 117;
Source: Section 2(16A) – Chapter I – Income Tax Act, 1961
- Committee
- means Child Welfare Committee constituted under section 27
Source: Section 2(22) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Committee
- means a Committee constituted under article 243S.
Source: (Article 243P (a), Part IXA – The Municipalities, The Constitution of India).
- Community Forest Resource
- It means customary common forest land within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities, including reserved forests, protected forests and protected areas such as Sanctuaries and National Parks to which the community had traditional access
Source: section 2(a) – chapter 1 – Forest Rights Act, 2006
- Community Service
- means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;
Source: Section 2(4A) -Chapter I – The Motor Vehicles Act, 1988
- Company
- “For the purposes of this section “company” means any body corporate, and includes a firm or other association of individuals; “
Source: Section 71, Explanation – Chapter V – The Motor Vehicles Act, 1988
- Company
- means any body corporate and includes a firm or other association of individuals;
Source: Section 199, Explanation a- Chapter XIII – The Motor Vehicles Act, 1988
- Company
- “means-
(i) any Indian company, or
(ii) any body corporate incorporated by or under the laws of a country outside India, or
(iii) any institution, association or body which is or was assessable or was assessed as a company for any assessment year under the Indian Income-tax Act, 1922 (11 of 1922), or which is or was assessable or was assessed under this Act as a company for any assessment year commencing on or before the 1st day of April, 1970, or
(iv) any institution, association or body, whether incorporated or not and whether Indian or non-Indian, which is declared by general or special order of the Board to be a company: Provided that such institution, association or body shall be deemed to be a company only for such assessment year or assessment years (whether commencing before the 1st day of April, 1971, or on or after that date) as may be specified in the declaration;”
Source: Section 2(17) – Chapter I – Income Tax Act, 1961
- Company
- means any body corporate and includes a firm or other association of individuals;
Source: Section 42(2), Explanation i – Chapter V – Foreign Exchange Management Act,1999
- Company
- Means a company incorporated under this Act or under any previous company law
Source: Section 2(20) – Chapter I – The Companies Act, 2013
- Company
- Means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and includes foreign company within the meaning of section 591 of that Act.
Source: Section 5(d) – Part I – The Banking Regulation Act, 1949
- Company In Which The Public Are Substantially Interested
- “a company is said to be a company in which the public are substantially interested-
(a) if it is a company owned by the Government or the Reserve Bank of India or in which not less than forty per cent. of the shares are held (whether singly or taken together) by the Government or the Reserve Bank of India or a corporation owned by that bank; or
(aa) if it is a company which is registered under section 25 of the Companies Act, 1956 (1 of 1956); or
(ab) if it is a company having no share capital and if, having regard to its objects, the nature and composition of its membership and other relevant considerations, it is declared by order of the Board to be a company in which the public are substantially interested: Provided that such company shall be deemed to be a company in which the public are substantially interested only for such assessment year or assessment years (whether commencing before the 1st day of April, 1971, or on or after that date) as may be specified in the declaration; or
(ac) if it is a mutual benefit finance company, that is to say, a company which carries on, as its principal business, the business of acceptance of deposits from its members and which is declared by the Central Government under section 620-A of the Companies Act, 1956 (1 of 1956), to be a Nidhi or Mutual Benefit Society; or
(ad) if it is a company, wherein shares (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) carrying not less than fifty per cent. of the voting power have been allotted unconditionally to, or acquired unconditionally by, and were throughout the relevant previous year beneficially held by, one or more co-operative societies;
(b) if it is a company which is not a private company as defined in the Companies Act, 1956 (1 of 1956), and the conditions specified either in item (A) or in item (B) are fulfilled, namely:-
(A) shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) were, as on the last day of the relevant previous year, listed in a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956), and any rules made thereunder;
(B) shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) carrying not less than fifty per cent. of the voting power have been allotted unconditionally to, or acquired un-conditionally by, and were throughout the relevant previous year beneficially held by-
(a) the Government, or
(b) a corporation established by a Central, State or Provincial Act, or
(c) any company to which this clause applies or any subsidiary company of such company ][if the whole of the share capital of such subsidiary company has been held by the parent company or by its nominees throughout the previous year.
[Explanation. – In its application to an Indian company whose business consists mainly in the construction of ships or in the manufacture or processing of goods or in mining or in the generation or distribution of electricity or any other form of power, item (B) shall have effect as if for the words “”not less than fifty per cent.””, the words “”not less than forty per cent.”” had been substituted; “
Source: Section 2(18) – Chapter I – Income Tax Act, 1961
- Company Limited By Guarantee
- Means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up
Source: Section 2(21) – Chapter I – The Companies Act, 2013
- Company Limited By Shares
- Means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.
Source: Section 2(22) – Chapter I – The Companies Act, 2013
- Company Liquidator
- “Company Liquidator”, in so far as it relates to the winding up of a company, means a person appointed by –
(a) the Tribunal in case of winding up by the Tribunal; or
(b) the company or creditors, in case of voluntary winding up as a Company Liquidator from a panel of professionals maintained by the Central Government under sub-section (2) of section 275
Source: Section 2(23) – Chapter I – The Companies Act, 2013
- Company Secretary in Practice
- Means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980.
Source: Section 2(25) – Chapter I – The Companies Act, 2013
- Company Secretary or Secretary
- “Company Secretary” or “Secretary” means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 who is appointed by a company to perform the functions of a Company Secretary under this Act
Source: Section 2(24) – Chapter I – The Companies Act, 2013
- Compensation Order
- means an order granted in terms of section 22;
Source: Section 2(c) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Competent Authority
- means the Authority appointed by the Central Government under sub-section (2) of section 37A.
Source: Section 2(gg) – Chapter I – Foreign Exchange Management Act,1999
- Complaint
- It means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Source: Section 2(d), The Criminal Procedure Code, 1973
- Computer Software
- For the purpose of this clause means any computer programme recorded on any disc, tape, perforated media or other information storage device and includes any such programme or any customized electronic data;
Source: Section 9(vi) Explanation 3 – Chapter II – Income Tax Act, 1961
- Concern
- means a Hindu undivided family, or a firm or an association of persons or a body of individuals or a company
Source: Explanation 3, Section 2(22) – Chapter I – Income Tax Act, 1961
- Conclusive Proof
- When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
Source: Section 4 – Chapter I – The Indian Evidence Act, 1872.
- Conditional transfer
- An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves orimplies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy.
Source: Section 25 – Chapter II – The Transfer of Property Act, 1882
- Conductor
- in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed;
Source: Section 2(5) – Chapter I – The Motor Vehicles Act, 1988
- Conductor’s Licence
- means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor;
Source: Section 2(6) -Chapter I – The Motor Vehicles Act, 1988
- Connected Person
- shall have the meaning assigned to it in clause (4) of section 102;
Source: Section 9A(9)(b)- Chapter II – Income Tax Act, 1961
- Constitutional document
- In relation to a corporate person, includes articles of association, memorandum of association of a company and incorporation document of a Limited Liability Partnership
Source: Section 5(4) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Consultant
- “For the purposes of this clause, consultant means-
(i) any individual, who is either not a citizen of India or, being a citizen of India, is not ordinarily resident in India, or
(ii) any other person, being a non-resident, engaged by the agency for rendering technical services in India in connection with any technical assistance programme or project, provided the following conditions are fulfilled, namely:-
(1) the technical assistance is in accordance with an agreement entered into by the Central Government and the agency; and
(2) the agreement relating to the engagement of the consultant is approved by the prescribed authority for the purposes of this clause;”
Source: Section 10(8A) Explantion – Chapter III – Income Tax Act, 1961
- Contingent interest
- Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible.
Source: Section 21 – Chapter II – The Transfer of Property Act, 1882
- Contract Carriage
- “means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum–
(a) on a time basis, whether or not with reference to any route or distance; or
(b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes–
(i) a maxicab; and
(ii) a motor cab notwithstanding that separate fares are charged for its passengers;”
Source: Section 2(7) -Chapter I – The Motor Vehicles Act, 1988
- Contract for sale
- A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.
Source: Section 54 – Chapter III – The Transfer of Property Act, 1882
- Contracting State
- means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;
Source: Section 55(a) – Chapter IX – Prevention of Money Laundering Act, 2002
- Contributory
- Means a person liable to contribute towards the assets of the company in the event of its being wound up.
Explanation.—For the purposes of this section, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory.
Source: Section 2(26) – Chapter I – The Companies Act, 2013
- Control
- “control” shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.
Source: Section 2(27) – Chapter I – The Companies Act, 2013
- Control Equipment
- means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant.
Source: (Section 2(i), Preliminary – Air (Prevention and Control of Pollution) Act).
- Controller
- Means the Controller General of Patents, Designs and Trade Marks referred to in section 73
Source: Section 2(1)(b) – Chapter I -The Patents Act, 1970
- Convention Application
- Means an application for a patent made by virtue of section 135;
Source: Section 2(1)(c) – Chapter I -The Patents Act, 1970
- Convention Country
- Means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 4[referred to as a convention country in section 133;
Source: Section 2(1)(d) – Chapter I -The Patents Act, 1970
- Convertible Foreign Exchange
- For the purposes of this clause, convertible foreign exchange means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder;
Source: Section 10(4B) Explantion- Chapter III – Income Tax Act, 1961
- Convertible Foreign Exchange
- For the purposes of this clause, convertible foreign exchange means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 and the rules made thereunder; 42 of 1999.
Source: Section 10(4D) Explantion a – Chapter III – Income Tax Act, 1961
- Conveyance
- Includes a conveyance on sale and every instrument by which property, whether moveable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I
Source: Section 2(10) – Chapter I – The Indian Stamp Act, 1899
- Copyright
- Means the exclusive right to apply a design to any article in any class in which the
design is registered;
Source: Section 2(c) – Chapter I -The Designs Act, 2000
- Core services
- Means services rendered by an information utility for—
(a) accepting electronic submission of financial information in such form and manner as may be specified;
(b) safe and accurate recording of financial information;
(c) authenticating and verifying the financial information submitted by a person; and
(d) providing access to information stored with the information utility to persons as may be specified;
Source: Section 3(9) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Corporal Punishment
- have the same meaning as assigned to it in clause (dd) of section 2 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961(47 of 1961).
Source: Section 2(i) – Chapter I – Prevention of Money Laundering Act, 2002
- Corporate applicant
- Means—
(a) corporate debtor; or
(b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process or the pre-packaged insolvency resolution process, as the case may be,] under the constitutional document of the corporate debtor; or
(c) an individual who is in charge of managing the operations and resources of the corporate debtor; or
(d) a person who has the control and supervision over the financial affairs of the corporate debtor;
Source: Section 5(5) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Corporate guarantor
- Means a corporate person who is the surety in a contract of guarantee to a corporate debtor.
Source: Section 5(5A) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Corporation Tax
- means the total amount of funds raised for the purpose of investment by the eligible investment fund as on a particular date;
Source: Section 9A(9)(c)- Chapter II – Income Tax Act, 1961
- Corresponding Law
- any law of any foreign country corresponding to any of the provisions of this Act or dealing with offences in that country corresponding to any of the scheduled offences.
Source: Section 2(ia) – Chapter I – Prevention of Money Laundering Act, 2002
- Corresponding New Bank
- Means a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.
Source: Section 5(da) – Part I – The Banking Regulation Act, 1949
- Corresponding Province, Corresponding Indian State Or Corresponding State
- means in cases of doubt such Province, Indian State or State as may be determined by the President to be corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question.
Source: (Article 366(7), Part XIX – Miscellaneous – The Constitution of India)
- Cost Accountant
- Means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959.
Source: Section 2(28) – Chapter I – The Companies Act, 2013
- Counterfeit
- A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Source: Section 28 – Chapter II – Indian Penal Code, 1860
- Court
- in the case of international commercial arbitration, the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court.
Source: (Section 2 (1)(e)(ii), General Provisions – Arbitration and Conciliation Act)
- Court
- The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially
Source: Section 20 – Chapter II – Indian Penal Code, 1860
- Court
- Court includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Court
- Means—
(i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-section (ii);
(ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district;
(iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law;
(iv) the Special Court established under section 435;
(v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law
Source: Section 2(29) – Chapter I – The Companies Act, 2013
- Court Of Justice
- In the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of Small Causes.
Sources: (Section 2 (1)(e)(i), General Provisions – Arbitration and Conciliation Act).
- Creditor
- Means any person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor and a decree-holder.
Source: Section 3(10) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Criminal Conspiracy
- “When two or more persons agree to do, or cause to be done,
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.”
Source: Section 120A – Chapter VA – Indian Penal Code, 1860
- Critical Wildlife Habitat
- It means such areas of National Parks and Sanctuaries where it has been specifically and clearly established, case by case, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of wildlife conservation as may be determined and notified by the Central Government in the Ministry of Environment and Forests after open process of consultation by an Expert Committee, which includes experts from the locality appointed by that Government wherein a representative of the Ministry of Tribal Affairs shall also be included, in determining such areas according to the procedural requirements arising from sub-sections (1) and (2) of section 4.
Source: section 2(b) – chapter 1 – Forest Rights Act, 2006
- Culpable Homicide
- Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Source: Section 299 – Chapter XVI – Indian Penal Code, 1860
- Currency
- includes all currency notes, postal notes, postal orders, money orders, cheques, drafts, travellers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank
Source: Section 2(h) – Chapter I – Foreign Exchange Management Act,1999
- Currency Notes
- includes cash in the form of coins and bank notes;
Source: Section 2(i) – Chapter I – Foreign Exchange Management Act,1999
- Current Account Transaction
- ” means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction includes,–
(i) payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business,
(ii) payments due as interest on loans and as net income from investments,
(iii) remittances for living expenses of parents, spouse and children residing abroad, and
(iv) expenses in connection with foreign travel, education and medical care of parents, spouse and children;”
Source: Section 2(j) – Chapter I – Foreign Exchange Management Act,1999
- Custody Order
- means an order granted in terms of section 21;
Source: Section 2(d) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
D
- Days of grace
- Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.
Source: Section 22 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Dealer
- includes a person who is engaged–
(b) in building bodies for attachment to chassis; or
(c) in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of motor vehicle;
Source: Section 2(8) -Chapter I – The Motor Vehicles Act, 1988
- Death
- The word “death” denotes the death of a human being unless the contrary appears from the context.
Source: Section 46 – Chapter II – Indian Penal Code, 1860
- Debenture
- “debenture” includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not.
Source: Section 2(30) – Chapter I – The Companies Act, 2013
- Debt
- means the company whose undertaking is transferred, pursuant to a demerger, to a resulting company;’
Source: Section 2(19-AAA) – Chapter I – Income Tax Act, 1961
- Debt
- Means any liability (inclusive of interest) which is claimed as due from any person or a pooled investment vehicle as defined in clause (da) of section 2 of the Securities Contract (Regulation) Act, 1956 (42 of 1956)] by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application and includes any liability towards debt securities which remains unpaid in full or part after notice of ninety days served upon the borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of debt securities
Source: Section 2(g) – Chapter I – The Recovery of Debt and Bankruptcy Act 1993
- Debt
- Means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt
Source: Section 3(11) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Deceptively Similar
- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) false trade description means–
(I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
(III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or
(IV) any marks or arrangement or combination thereof when applied–
(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;
(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or
(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials
(a) is or are not a trade mark or part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;
Source: Section 2(h) – Chapter I – The Trade Marks Act, 1999
- Deceptively Similar
- A geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion;
Source: Section 2(1)(c) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Decree
- It means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
Source: Section 2(2), The Civil Procedure Code, 1908
- Decree-holder
- It means any person in whose favour a decree has been passed or an order capable of execution has been made.
Source: Section 2(3), The Civil Procedure Code, 1908
- Default
- means—
(i) non-payment of any debt or any other amount payable by the borrower to any securedcreditor consequent upon which the account of such borrower is classified as non-performing asset in the books of account of the secured creditor; or
(ii) non-payment of any debt or any other amount payable by the borrower with respect to debt securities after notice of ninety days demanding payment of dues served upon such borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of such debt securities;
Source: Section 2(j) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Default
- Means non-payment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not Paid by the debtor or the corporate debtor, as the case may be.
Source: Section 3(12) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Defendant
- Includes— (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as executor, administrator or other representative;
Source: Section 2(e) – Part I – The Limitation Act, 1963
- Deliverable State
- goods are said to be in a “deliverable state” when they are in such state that the buyer would under the contract be bound to take delivery of them;
Source: Section 2.3, Preliminary- Sale of Goods Act
- Demand Liabilities
- Means liabilities which must be met on demand, and time liabilities means liabilities which are not demand liabilities.
Source: Section 5(f) – Part I – The Banking Regulation Act, 1949
- Deposit
- “deposit” includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India.
Source: Section 2(31) – Chapter I – The Companies Act, 2013
- Depository
- Means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996.
Source: Section 2(32) – Chapter I – The Companies Act, 2013
- Deputy Commissioner
- means a person appointed to be a Deputy Commissioner of Income-tax under sub-section (1) of section 117;
Source: Section 2(19-A) – Chapter I – Income Tax Act, 1961
- Deputy Commissioner (Appeals)
- means a person appointed to be a Deputy Commissioner of Income-tax (Appeals)or an Additional Commissioner of Income-tax (Appeals) under sub-section (1) of section 117;
Source: Section 2(19-B) – Chapter I – Income Tax Act, 1961
- Deputy Director
- The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act.
Source: Section 49(1), Prevention of Money Laundering Act, 2002
- Deputy Director
- means a person appointed to be a Deputy Director of Income-taxunder sub-section (1) of section 117;
Source: Section 2(19-C) – Chapter I – Income Tax Act, 1961
- Derivative
- Means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956.
Source: Section 2(33) – Chapter I – The Companies Act, 2013
- Design
- Means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.
Source: Section 2(d) – Chapter I -The Designs Act, 2000
- Diplomatic Officer Or Consular Officer
- For the purposes of this section, “diplomatic officer” or “consular officer” means any person who
is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final.
Source: Section 42 – Chapter IV – The Motor Vehicles Act, 1988
- Director
- in relation to a firm, means a partner in the firm.
Source: Section 42(2), Explanation ii – Chapter V – Foreign Exchange Management Act,1999
- Director
- in relation to a firm, means a partner in the firm
Source: Section 199, Explanation b – Chapter XIII – The Motor Vehicles Act, 1988
- Director
- “director”, in relation to a firm, means a partner in the firm.
Source: Section 71, Explanation – Chapter V – The Motor Vehicles Act, 1988
- Director
- Means a director appointed to the Board of a company.
Source: Section 2(34) – Chapter I – The Companies Act, 2013
- Director General Or Director
- means a person appointed to be a Director General of Income-tax or, as the case may be, a Director of Income-tax, under sub-section (1) of section 117, and includes a person appointed under that sub-section to be an Additional Director of Income-tax or a Joint Directorof Income-tax or an Assistant Director or Deputy Directorof Income-tax;
Source: Section 2(21) – Chapter I – Income Tax Act, 1961
- Director Of Enforcement
- means the Director of Enforcement appointed under sub-section (1) of section 36;
Source: Section 2(k) – Chapter I – Foreign Exchange Management Act,1999
- Director Or Additional Director Or Joint Director
- means a Director or Additional Director or Joint Director- The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act.
Source: Section 49(1), Prevention of Money Laundering Act, 2002
- Director, Manager And Managing Agent
- in relation to a company, have the meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956);
Source: Section 2(20) – Chapter I – Income Tax Act, 1961
- Dishonestly
- Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
Source: Section 24 – Chapter II – Indian Penal Code, 1860
- Disproved
- A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Dispute
- Includes a suit or arbitration proceedings relating to—
(a) the existence of the amount of debt;
(b) the quality of goods or service; or
(c) the breach of a representation or warranty;
Source: Section 5(6) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- District
- means a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point to ensure the implementation of this Act and other child protection measures in the district
Source: Section 2(26) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- District
- It means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court.
Source: Section 2(4), The Civil Procedure Code, 1908
- District Child Protection Unit
- means a district in a State
Source: (Article 243(a), Part IX – The Panchayats, The Constitution of India)
- District Judge
- includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge.
Source: (Article 236(a), Part VI – The State, The Constitution of India)
- District Judge
- Shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction
Source: Section 3(17) – The General Clauses Act, 1897
- Dividend
- ” includes-
(a) any distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of the assets of the company;
(b) any distribution to its shareholders by a company of debentures, debenture-stock, or deposit certificates in any form, whether with or without interest, and any distribution to its preference shareholders of shares by way of bonus, to the extent to which the company possesses accumulated profits, whether capitalised or not;
(c) any distribution made to the shareholders of a company on its liquidation, to the extent to which the distribution is attributable to the accumulated profits of the company immediately before its liquidation, whether capitalised or not;
(d) any distribution to its shareholders by a company on the reduction of its capital, to the extent to which the company possesses accumulated profits which arose after the end of the previous year ending next before the 1st day of April, 1933, whether such accumulated profits have been capitalised or not;
(e) any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise [made after the 31st day of May, 1987, by way of advance or loan to a shareholder, being a person who is the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) holding not less than ten per cent. of the voting power, or to any concern, in which such shareholder is a member or a partner and in which he has a substantial interest (hereafter in this clause referred to as the said concern) or any payment by any such company on behalf, or for the individual benefit, of any such shareholder, to the extent to which the company in either case possesses accumulated profits;
but “”dividend”” does not include-
(i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in respect of any share issued for full cash consideration, where the holder of the share is not entitled in the event of liquidation to participate in the surplus assets;
(ia) a distribution made in accordance with sub-clause (c) or sub-clause (d) in so far as such distribution is attributable to the capitalised profits of the company representing bonus shares allotted to its equity shareholders after the 31st day of March, 1964, [and before the 1st day of April, 1965;
(ii) any advance or loan made to a shareholder [or the said concern] by a company in the ordinary course of its business, where the lending of money is a substantial part of the business of the company;
(iii) any dividend paid by a company which is set off by the company against the whole or any part of any sum previously paid by it and treated as a dividend within the meaning of sub-clause (e), to the extent to which it is so set off;
(iv) any payment made by a company on purchase of its own shares from a shareholder in accordance with the provisions of section 77-A of the Companies Act, 1956 (1 of 1956);
(v) any distribution of shares pursuant to a demerger by the resulting company to the shareholders of the demerged company (whether or not there is a reduction of capital in the demerged company)”
Source: Section 2(22) – Chapter I – Income Tax Act, 1961
- Dividend
- “dividend” includes any interim dividend.
Source: Section 2(35) – Chapter I – The Companies Act, 2013
- Document
- “Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing is a document; Words printed lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document.”
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Document
- The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Source: Section 29 – Chapter II – Indian Penal Code, 1860
- Document
- includes an electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);
Source: Section 2(22AA) – Chapter I – Income Tax Act, 1961
- Document
- Shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter
Source: Section 3(18) – The General Clauses Act, 1897
- Document
- “document” includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form.
Source: Section 2(36) – Chapter I – The Companies Act, 2013
- Domestic Company
- means an Indian company, or any other company which, in respect of its income liable to tax under this Act, has made the prescribed arrangements for the declaration and payment, within India, of the dividends (including dividends on preference shares) payable out of such income;
Source: Section 2(22A) – Chapter I – Income Tax Act, 1961
- Domestic Incident Report
- means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person;
Source: Section 2(e) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Domestic Relationship
- “shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005): [means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;]”
Source: (Section 2 (1)(e) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Domestic Relationship
- means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
Source: Section 2(f) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Domestic Violence
- has the same meaning as assigned to it in Section 3;
Source: Section 2(g) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Domestic Violence
- “For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
Source: Section 3 – Chapter II – The Protection of Women from Domestic Violence Act, 2005
- Dowry
- shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961);
Source: Section 2(h) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Dowry Death
- “(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.”
Source: Section 304B – Chapter XVI – Indian Penal Code, 1860
- Drawee in case of need
- When in the Bill or in any indorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need such person is called a “drawee in case of need.
Source: Section 7 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Drawer and Drawee
- The maker of a bill of exchange or cheque is called the “drawer”; the person thereby directed to pay is called the “drawee”.
Source: Section 7 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Driver
- includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle;
Source: Section 2(9) -Chapter I – The Motor Vehicles Act, 1988
- Driver Refresher Training Course
- means the course referred to in sub-section (2A) of section 19
Source: Section 2(9A) -Chapter I – The Motor Vehicles Act, 1988
- Driving Licence
- means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;
Source: Section 2(10) -Chapter I – The Motor Vehicles Act, 1988
- Duly stamped
- As applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in India.
Source: Section 2(11) – Chapter I – The Indian Stamp Act, 1899
E
- E-Cart Or E-Rickshaw
- For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.
Source: Section 2A – Chapter I – The Motor Vehicles Act, 1988
- Easement
- Includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another;
Source: Section 2(f) – Part I – The Limitation Act, 1963
- Economic Abuse
- “For the purposes of this section, includes:
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.”
Source: Section 3, Explanation I(iv) – Chapter II – The Protection of Women from Domestic Violence Act, 2005
- Educational Institution Bus
- means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities;
Source: Section 2(11) -Chapter I – The Motor Vehicles Act, 1988
- Electoral Right
- electoral right means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
Source: Section 171A(b) – Chapter IXA – Indian Penal Code, 1860
- Electoral Trust
- means a trust so approved by the Board in accordance with the scheme made in this regard by the Central Government;
Source: Section 2(22 AAA) – Chapter I – Income Tax Act, 1961
- Electronic Record
- The words “electronic record” shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
Source: Section 29A – Chapter II – Indian Penal Code, 1860
- Emission
- means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet.
Source: (Section 2(j), Preliminary – Air (Prevention and Control of Pollution) Act).
- Employees Stock Option
- Means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price.
Source: Section 2(37) – Chapter I – The Companies Act, 2013
- Endorsement and Endorsed
- Include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act
Source: Section 2(5) – Chapter I – The Registration Act, 1908
- English mortgage
- Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.
Source: Section 58(e) – Chapter IV – The Transfer of Property Act, 1882
- Entity
- means any entity in which an eligible investment fund makes an investment;
Source: Section 9A(9)(d)- Chapter II – Income Tax Act, 1961
- Environment
- It includes water, air and land and the inter-relationship, which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property.
Source: section 2(c) – chapter 1 – National Green Tribunal Act, 2010
- Estate
- “The expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include— (i) any jagir, inam or muafi or other similar grant and in the States of 1 [Tamil Nadu] and Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;]”
Source: (Article 31A(2)(a), Part III – Fundamental Rights, The Constitution of India)
- Estate Duty
- means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass.
Source: (Article 366(9), Part XIX – Miscellaneous – The Constitution of India)
- Evidence
- “Evidence means and includes–
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;
(2)all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.”
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Exchange
- When two persons mutually transfer the ownership of one thing for the ownership of another neither thing or both things being money only, the transaction is called an “exchange”. A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.
Source: Section 118 – Chapter VI – The Transfer of Property Act, 1882
- Exclusive License
- Means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly;
Source: Section 2(1)(f) – Chapter I -The Patents Act, 1970
- Executed and execution
- “executed” and “execution” used with reference to instruments, mean “signed” and “signature” and includes attribution of electronic record within the meaning of section 11 of the Information Technology Act, 2000 (21 of 2000)
Source: Section 2(12) – Chapter I – The Indian Stamp Act, 1899
- Existing Law
- means any law, ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation.
Source: (Article 366(10), Part XIX – Miscellaneous – The Constitution of India)
- Expert
- “expert” includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force.
Source: Section 2(38) – Chapter I – The Companies Act, 2013
- Expert Member
- “Expert Member” means a member of the Tribunal who, is appointed as such, and holds qualifications specified in sub-section (2) of section 5, and, is not a Judicial Member, sub-section (2) of section 5 states that – A person shall not be qualified for appointment as an Expert Member, unless he,—
(a) has a degree in Master of Science (in physical sciences or life sciences) with a Doctorate degree or Master of Engineering or Master of Technology and has an experience of fifteen years in the relevant field including five years practical experience in the field of environment and forests (including pollution control, hazardous substance management, environment impact assessment, climate change management, biological diversity management and forest conservation) in a reputed National level institution; or
(b) has administrative experience of fifteen years including experience of five years in dealing with environmental matters in the Central or a State Government or in a reputed National or State level institution.
Source: section 2(d) – chapter 1, section 5(2) – chapter 2 – National Green Tribunal Act, 2010
- Export, With Its Grammatical Variations And Cognate Expressions
- “export”, with its grammatical variations and cognate expressions, means—
(i) the taking out of India to a place outside India any goods,
(ii) provision of services from India to any person outside India;
Source: Section 2l – The Foreign Exchange Management Act, 1999.
F
- Fact
- “Fact means and includes–
(1) anything, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious. Illustrations
(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.”
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Facts In Issue
- “The expression facts in issue means and includes– any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.– Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue: That A caused B’s death; That A intended to cause B’s death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature.”
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Facts In Issue
- “The expression facts in issue means and includes– any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.– Whenever, under the provisions of the law for the time being in force relating to Civil Procedure,3any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations-
A is accused of the murder of B. At his trial the following facts may be in issue:
That A caused B’s death;
That A intended to cause B’s death;
That A had received grave and sudden provocation from B;
That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature.”
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Fair and Equitable Benefit Sharing
- It means sharing of benefits as determined by the National Biodiversity Authority under section 21.
Source: section 2(g) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Fault
- means wrongful act or default
Source: Section 2.5, Preliminary- Sale of Goods Act
- Federal Court
- means the Federal Court constituted under the Government of India Act, 1935.
Source: (Article 366(11), Part XIX – Miscellaneous – The Constitution of India)
- Fees For Technical Services
- For the purposes of this clause, “fees for technical services” means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head “Salaries”.
Source: Section 9(vii) Explanation 2 – Chapter II – Income Tax Act, 1961
- Final Order
- For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
Source: (Article 132(3) Explanation I, Part V – The Union, The Constitution of India)
- Financial Institution
- a financial institution as defined in clause (c) of section 45-1 of the Reserve Bank of India Act, 1934 and includes a chit fund 2 of 1934. company, a housing finance institution, an authorised person, a payment system operator, a non-banking financial company and the Department of Posts in the Government of India. The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act.
Source: Section 2(l) – Chapter I – Prevention of Money Laundering Act, 2002
- Financial Institution
- “financial institution” includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934.
Source: Section 2(39) – Chapter I – The Companies Act, 2013
- Financial Statement
- “financial statement” in relation to a company, includes—
(i) a balance sheet as at the end of the financial year;
(ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year;
(iii) cash flow statement for the financial year;
(iv) a statement of changes in equity, if applicable; and
(v) any explanatory note attached to, or forming part of, any document referred to in sub-section (i) to sub-section (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement.
Source: Section 2(40) – Chapter I – The Companies Act, 2013
- Financial Transaction
- For the purpose of this clause, “financial transaction” means making any payment to, or for the credit of any person, or receiving any payment for, by order or on behalf of any person, or drawing, issuing or negotiating any bill of exchange or promissory note, or transferring any security or acknowledging any debt.
Source: Section 3(d), Explanation – Chapter II – Foreign Exchange Management Act,1999
- Financial Year
- “financial year”, in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up:
Provided that on an application made by a company or body corporate, which is a holding company or a subsidiary of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Tribunal may, if it is satisfied, allow any period as its financial year, whether or not that period is a year:
Provided further that a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this section;
Source: Section 2(41) – Chapter I – The Companies Act, 2013
- Financial asset
- means debt or receivables and includes—
(i) a claim to any debt or receivables or part thereof, whether secured or unsecured; or
(ii) any debt or receivables secured by, mortgage of, or charge on, immovable property; or
(iii) a mortgage, charge, hypothecation or pledge of movable property; or
(iv) any right or interest in the security, whether full or part underlying such debt or receivables; or
(v) any beneficial interest in property, whether movable or immovable, or in such debt, receivables, whether such interest is existing, future, accruing, conditional or contingent; or
(va) any beneficial right, title or interest in any tangible asset given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of such asset or an obligation incurred or credit otherwise provided to enable the borrower to acquire such tangible asset; or
(vb) any right, title or interest on any intangible asset or licence or assignment of such intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of such intangible asset or an obligation incurred or credit otherwise extended to enable the borrower to acquire such intangible asset or obtain licence of the intangible asset; or
(vi) any financial assistance;
Source: Section 2(l) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Financial assistance
- means any loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution including funds provided for the purpose of acquisition of any tangible asset on hire or financial lease or conditional sale or under any other contract or obtaining assignment or licence of any intangible asset or purchase of debt securities.
Source: Section 2(k) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Financial creditor
- Means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to.
Source: Section 5(7) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial debt
- Means a debt along with interest, if any, which is disbursed against the consideration for the time value of money and includes—
(a) money borrowed against the payment of interest;
(b) any amount raised by acceptance under any acceptance credit facility or its de-materialised equivalent;
(c) any amount raised pursuant to any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument;
(d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the Indian Accounting Standards or such other accounting standards as may be prescribed;
(e) receivables sold or discounted other than any receivables sold on non-recourse basis;
(f) any amount raised under any other transaction, including any forward sale or purchase agreement, having the commercial effect of a borrowing;
(i) any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing; and
(ii) the expressions, “allottee” and “real estate project” shall have the meanings respectively assigned to them in clauses (d) and (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);]
(g) any derivative transaction entered into in connection with protection against or benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such transaction shall be taken into account;
(h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution;
(i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause;
Source: Section 5(8) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial information
- In relation to a person, means one or more of the following categories of information, namely:—
(a) records of the debt of the person;
(b) records of liabilities when the person is solvent;
(c) records of assets of person over which security interest has been created;
(d) records, if any, of instances of default by the person against any debt;
(e) records of the balance sheet and cash-flow statements of the person; and
(f) such other information as may be specified;
Source: Section 3(13) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial institution
- means—
(i) a public financial institution within the meaning of section 4A of the Companies Act, 1956 (1 of 1956);
(ii) any institution specified by the Central Government under sub-clause (ii) of clause (h) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993);
(iii) the International Finance Corporation established under the International Finance Corporation (Status, Immunities and Privileges ) Act, 1958 (42 of 1958)
(iiia) a debenture trustee registered with the Board and appointed for secured debt securities;
(iiib) asset reconstruction company, whether acting as such or managing a trust created for the purpose of securitisation or asset reconstruction, as the case may be;]
(iv) any other institution or non-banking financial company as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934), which the Central Government may, by notification, specify as financial institution for the purposes of this Act;
Source: Section 2(m) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Financial lease
- Means a lease under any lease agreement of tangible asset, other than negotiable instrument or negotiable document, for transfer of lessor’s right therein to the lessee for a certain time in consideration of payment of agreed amount periodically and where the lessee becomes the owner of the such assets at the expiry of the term of lease or on payment of the agreed residual amount, as the case may be
Source: Section 2(ma) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Financial product
- means securities, contracts of insurance, deposits, credit arrangements including loans and advances by banks and financial institutions, retirement benefit plans, small savings instruments, foreign currency contracts other than contracts to exchange one currency (whether Indian or not) for another which are to be settled immediately, or any other instrument as may be prescribed
Source: Section 3(15) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial sector regulator
- Means an authority or body constituted under any law for the time being in force to regulate services or transactions of financial sector and includes the Reserve Bank of India, the Securities and Exchange Board of India, the Insurance Regulatory and Development Authority of India, the Pension Fund Regulatory Authority and such other regulatory authorities as may be notified by the Central Government;
Source: Section 3(18) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial service
- includes any of the following services, namely:—
(a) accepting of deposits;
(b) safeguarding and administering assets consisting of financial products, belonging to another person, or agreeing to do so;
(c) effecting contracts of insurance
d) offering, managing or agreeing to manage assets consisting of financial products belonging to another person;
(e) rendering or agreeing, for consideration, to render advice on or soliciting for the purposes of—
(i) buying, selling, or subscribing to, a financial product;
(ii) availing a financial service; or
(iii) exercising any right associated with a financial product or financial service;
(f) establishing or operating an investment scheme;
(g) maintaining or transferring records of ownership of a financial product;
(h) underwriting the issuance or subscription of a financial product; or
(i) selling, providing, or issuing stored value or payment instruments or providing payment services;
Source: Section 3(16) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial service provider
- Means a person engaged in the business of providing financial services in terms of authorisation issued or registration granted by a financial sector regulator
Source: Section 3(17) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Financial year
- Shall mean the year commencing on the first day of April
Source: Section 3(21) – The General Clauses Act, 1897
- Firm
- shall have the meaning assigned to it in the Indian Partnership Act, 1932 (9 of 1932), and shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008 (6 of 2009);
Source: Section 2(23(i)) – Chapter I – Income Tax Act, 1961
- Fit Facility
- means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the Committee, as the case may be, or the Board, under sub-section (1) of section 51;
Source: Section 2(27) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Fit Person
- means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in this behalf and recognised as fit for the said purpose, by the Committee or, as the case may be, the Board, to receive and take care of the child;
Source: Section 2(28) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Foreign Company
- means a company which is not a domestic company;
Source: Section 2(23A) – Chapter I – Income Tax Act, 1961
- Foreign Company
- Means any company or body corporate incorporated outside India which–
(a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and
(b) conducts any business activity in India in any other manner
Source: Section 2(42) – Chapter I – The Companies Act, 2013
- Foreign Court
- It means a Court situate outside India and not established or continued by the authority of the Central Government.
Source: Section 2(5), The Civil Procedure Code, 1908
- Foreign Currency
- means any currency other than Indian currency;
Source: Section 2(m) – Chapter I – Foreign Exchange Management Act,1999
- Foreign Enterprise
- For the purposes of this clause, the expression “foreign enterprise” means a person who is a non-resident;
Source: Section 10(15 A) Explantion – Chapter III – Income Tax Act, 1961
- Foreign Exchange
- “means foreign currency and includes,–
(i) deposits, credits and balances payable in any foreign currency,
(ii) drafts, travellers cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any foreign currency,
(iii) drafts, travellers cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency;”
Source: Section 2(n) – Chapter I – Foreign Exchange Management Act,1999
- Foreign Judgment
- It means the judgment of a foreign Court.
Source: Section 2(6), The Civil Procedure Code, 1908
- Foreign Limited Liability Partnership
- Means a limited liability partnership formed, incorporated or registered outside India which establishes a place of business within India.
Source: Section 2(m) – Chapter I – The Limited Liability Partnership Act, 2008
- Foreign Security
- means any security, in the form of shares, stocks, bonds, debentures or any other instrument denominated or expressed in foreign currency and includes securities expressed in foreign currency, but where redemption or any form of return such as interest or dividends is payable in Indian currency;
Source: Section 2(o) – Chapter I – Foreign Exchange Management Act,1999
- Foreign instrument
- Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.
Source: Section 12 – Chapter II – The Negotiable Instruments (NI) Act,1881.
- Forest Dwelling Scheduled Tribes
- It means the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities.
Source: section 2(c) – chapter 1 – Forest Rights Act, 2006
- Forest Land
- It means land of any description falling within any forest area and includes unclassified forests, undermarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Parks.
Source: section 2(d) – chapter 1 – Forest Rights Act, 2006
- Forest Rights
- It means the forest rights referred to in section 3
Source: section 2(e) – chapter 1 – Forest Rights Act, 2006
- Forest Villages
- It means the settlements which have been established inside the forests by the forest department of any State Government for forestry operations or which were converted into forest villages through the forest reservation process and includes forest settlement villages, fixed demand holdings, all types of taungya settlements, by whatever name called, for such villages and includes lands for cultivation and other uses permitted by the Government.
Source: section 2(f) – chapter 1 – Forest Rights Act, 2006
- Foster Care
- means the placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care;
Source: Section 2(29) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Foster Family
- means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44;
Source: Section 2(30) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Fraudulently
- A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Source: Section 25 – Chapter II – Indian Penal Code, 1860
- Free Reserves
- Means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend:
Provided that—
(i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or
(ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves.
Source: Section 2(43) – Chapter I – The Companies Act, 2013
- Fringe Benefits
- means any fringe benefits referred in section 115-WB;
Source: Section 2(23B) – Chapter I – Income Tax Act, 1961
- Fund
- means the Insurance Regulatory and Development Authority of India Fund constituted under sub-section (1) of section 16;
Source: Section 2(d) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Fund
- “There shall be constituted a Fund to be called the Securities and Exchange Board of India General Fund and there shall be credited thereto—
(a) all grants, fees and charges received by the Board under this Act;
(b) all sums received by the Board from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting—
(a) the salaries, allowances and other remuneration of the members, officers and other employees of the Board;
(b) the expenses of the Board in the discharge of its functions under section 11;
(c) the expenses on objects and for purposes authorised by this Act.”
Source: (Section 14, Securities and Exchange Board of India Act, 1992)
- Future Goods
- goods to be manufactured or produced or acquired by the seller after the making of the contract of sale
Source: Section 2.6, Preliminary- Sale of Goods Act
G
- Gaining Wrongfully/Losing Wrongfully
- A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property
Source: Section 23 – Chapter II – Indian Penal Code, 1860
- Gender
- The pronoun “he” and its derivatives are used of any person, whether male or female
Source: Section 8 – Chapter II – Indian Penal Code, 1860
- Geographical Indication
- In relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.
Explanation.–For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;
Source: Section 2(1)(e) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Gift
- Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Source: 122 Section – Chapter VII – The Transfer of Property Act, 1882
- Global Depository Receipt
- Means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts.
Source: Section 2(44) – Chapter I – The Companies Act, 2013
- Gold
- Includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not;
Source: Section 5(g) – Part I – The Banking Regulation Act, 1949
- Golden Hour
- means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;
Source: Section 2(12A) -Chapter I – The Motor Vehicles Act, 1988
- Good Faith
- Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.
Source: Section 52 – Chapter II – Indian Penal Code, 1860
- Good faith
- Nothing shall be deemed to be done in good faith which is not done with due care and attention;
Source: Section 2(h) – Part I – The Limitation Act, 1963
- Goods
- includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;
Source: Section 2(13) -Chapter I – The Motor Vehicles Act, 1988
- Goods
- every kind of moveable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale
Source: Section 2.7, Preliminary- Sale of Goods Act
- Goods
- includes all materials, commodities, and articles.
Source: (Article 366(12), Part XIX – Miscellaneous – The Constitution of India)
- Goods
- Means anything which is the subject of trade or manufacture;
Source: Section 2(j) – Chapter I – The Trade Marks Act, 1999
- Goods
- Means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff;
Source: Section 2(1)(f) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Goods Carriage
- means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;
Source: Section 2(14) -Chapter I – The Motor Vehicles Act, 1988
- Government
- The word “Government” denotes the Central Government or the Government of a State.
Source: Section 17 – Chapter II – Indian Penal Code, 1860
- Government Company
- Means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company.
Source: Section 2(45) – Chapter I – The Companies Act, 2013
- Government Pleader
- It includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader.
Source: Section 2(7), The Civil Procedure Code, 1908
- Government securities
- Shall mean securities of the Central Government or of any State Government, but in any Act or Regulation made before the commencement of the Constitution shall not include securities of the Government of any Part B State
Source: Section 3(24) – The General Clauses Act, 1897
- Government undertaking
- Means any industrial undertaking carried on–
(i) by a department of the Government, or
(ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or
(iii) by a Government company as defined in section 617 of the Companies Act, 1956
(iv) by an institution wholly or substantially financed by the Government;
Source: Section 2(1)(h) – Chapter I -The Patents Act, 1970
- Gram Sabha
- means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level
Source: (Article 243(b), Part IX – The Panchayats, The Constitution of India).
- Gram Sabha
- It means a village assembly which shall consist of all adult members of a village and in case of States having no Panchayats, Padas, Tolas and other traditional village institutions and elected village committees, with full and unrestricted participation of women.
Source: section 2(g)- chapter 1 – Forest Rights Act, 2006
- Grevious Hurt
- “The following kinds of hurt only are designated as “”grievous””:—
First.—Emasculation.
Secondly.—Permanent privation of the sight of either eye.
Thirdly.—Permanent privation of the hearing of either ear.
Fourthly.—Privation of any member or joint.
Fifthly.—Destruction or permanent impairing of the powers of any member or joint.
Sixthly.—Permanent disfiguration of the head or face.
Seventhly.—Fracture or dislocation of a bone or tooth.
Eighthly.—Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.”
Source: Section 320 – Chapter XVI – Indian Penal Code, 1860
- Gross Vehicle Weight
- means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;
Source: Section 2(15) -Chapter I – The Motor Vehicles Act, 1988
- Group Foster Care
- means a family like care facility for children in need of care and protection who are without parental care, aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions;
Source: Section 2(32) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Guardian In Relation To A Child,
- means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and recognised by the Committee or, as the case may be, the Board as a guardian in the course of proceedings;
Source: Section 2(31) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
H
- Habitat
- It includes the area comprising the customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.
Source: section 2(h) – chapter 1 – Forest Rights Act, 2006
- Handling
- “handling”, in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance.
Source: section 2(e) – chapter 1 – National Green Tribunal Act, 2010
- Hazardous Substance
- It means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991 (6 of 1991).
Source: section 2(f) – chapter 1 – National Green Tribunal Act, 2010
- Heavy Goods Vehicle
- means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;
Source: Section 2(17) -Chapter I – The Motor Vehicles Act, 1988
- Heinous Offences
- includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more;
Source: Section 2(33) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- High Court
- “For the purposes of this section, “High Court” means—
(i) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and
(ii) where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.”
Source: Section 42, Explanation – Chapter VI – Prevention of Money Laundering Act, 2002
- High Court
- “In this sub-section, “High Court” means the High Court of the State in which a Sessions Court designated as Special Court was functioning immediately before such designation. (2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.”
Source: Section 43, Explanation – Chapter VII – Prevention of Money Laundering Act, 2002
- High Court
- In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.
Source: (Article 124(3)(c) Explanation, Part V – The Union, The Constitution of India)
- High Court
- It in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta.
Source: Section 2(7A), The Civil Procedure Code, 1908
- High Court
- It means— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that 22 territory other than the Supreme Court of India.
Source: Section 2(e), The Criminal Procedure Code, 1973
- Holder
- The “holder” of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.
Source: Section 8 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Holder in due course
- Means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order.
Source: Section 9 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Holding Company
- “holding company”, in relation to one or more other companies, means a company of which such companies are subsidiary companies.
Source: Section 2(46) – Chapter I – The Companies Act, 2013
- Housing Finance Institution
- has the meaning as assigned to it in clause (d) of section 2 of the National Housing Bank Act, 1987 (53 of 1987).
Sources: Section 2(m) – Chapter I – Prevention of Money Laundering Act, 2002
- Hurt
- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt
Source: Section 319 – Chapter XVI – Indian Penal Code, 1860
- Hypothecation
- Means a charge in or upon any movable property, existing or future, created by a borrower in favour of a secured creditor without delivery of possession of the movable property to such creditor, as a security for financial assistance and includes floating charge and crystallization of such charge into fixed charge on movable property;
Source: Section 2(n) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
I
- Illegal, Legally Bound To Do
- The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit.
Source: Section 43 – Chapter II – Indian Penal Code, 1860
- Immovable Property
- Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass
Source: Section 2(6) – Chapter I – The Registration Act, 1908
- Immovable property
- Shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth
Source: Section 3(26) – The General Clauses Act, 1897
- Immoveable Property
- Does not include standing timber, growing crops or grass; “instrument”, means a non-testamentary instrument.
Source: Section- 3 – Chapter 1 – The Transfer of Property Act, 1882
- Import
- with its grammatical variations and cognate expressions, means bringing into India any goods or services;
Source: Section 2(p) – Chapter I – Foreign Exchange Management Act,1999
- Impressed stamp
- “impressed stamp” includes— (a) labels affixed and impressed by the proper officer; and (b) stamps embossed or engraved on stamped paper
Source: Section 2(13) – Chapter I – The Indian Stamp Act, 1899
- Income
- “includes-
(i) profits and gains;
(ii) dividend;
(iia) voluntary contributions received by a trust created wholly or partly for charitable or religious purposes or by an institution established wholly or partly for such purposes or by an association or institution referred to in clause (21) or clause (23), or by a fund or trust or institution referred to in sub-clause (iv) or sub-clause (v)or by any university or other educational institution referred to in sub-clause
(iiiad) or sub-clause (vi) or by any hospital or other institution referred to in sub-clause
(iiiae) or sub-clause (via) of clause (23-C) of section 10 or by an electoral trust
(iii) the value of any perquisite or profit in lieu of salary taxable under clauses (2) and (3) of section 17;
(iiia) any special allowance or benefit, other than perquisite included under sub-clause (iii), specifically granted to the assessee to meet expenses wholly, necessarily and exclusively for the performance of the duties of an office or employment of profit; (iiib) any allowance granted to the assessee either to meet his personal expenses at the place where the duties of his office or employment of profit are ordinarily performed by him or at a place where he ordinarily resides or to compensate him for the increased cost of living;
(iv) the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a person who has a substantial interest in the company, or by a relative of the director or such person, and any sum paid by any such company in respect of any obligation which, but for such payment, would have been payable by the director or other person aforesaid;
(iva) the value of any benefit or perquisite, whether convertible into money or not, obtained by any representative assessee mentioned in clause (iii) or clause (iv) of sub-section (1) of section 160 or by any person on whose behalf or for whose benefit any income is receivable by the representative assessee (such person being hereafter in this sub-clause referred to as the “”beneficiary””) and any sum paid by the representative assessee in respect of any obligation which, but for such payment, would have been payable by the beneficiary;
(v) any sum chargeable to income-tax under clauses (ii) and (iii) of section 28 or section 41 or section 59; (va) any sum chargeable to income-tax under clause (iiia) of section 28; (vb) any sum chargeable to income-tax under clause (iiib) of section 28; (vc) any sum chargeable to income-tax under clause (iiic) of section 28; (vd) the value of any benefit or perquisite taxable under clause (iv) of section 28; (ve) any sum chargeable to income-tax under clause (v) of section 28; (vi) any capital gains chargeable under section 45; (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First Schedule; (viia) the profits and gains of any business of banking (including providing credit facilities) carried on by a co-operative society with its members; (ix) any winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or from gambling or betting of any form or nature whatsoever; Explanation. – For the purposes of this sub-clause,-
(i) “”lottery”” includes winnings from prizes awarded to any person by draw of lots or by chance or in any other manner whatsoever, under any scheme or arrangement by whatever name called;
(ii) “”card game and other game of any sort”” includes any game show, an entertainment programme on television or electronic mode, in which people compete to win prizes or any other similar game;
(x) any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), or any other fund for the welfare of such employees;
(xi) any sum received under a Keyman insurance policy including the sum allocated by way of bonus on such policy. Explanation. – For the purposes of this clause, the expression “”Keyman insurance policy”” shall have the meaning assigned to it in the Explanation to clause (10-D) of section 10;
(xii) any sum referred to in [clause (va)of section 28; (xii-a) the fair market value of inventory referred to in clause (via) of section 28;
(xiii) any sum referred to in clause (v) of sub-section (2) of section 56; (xiv) any sum referred to in clause (vi) of sub-section (2) of section 56; (xv) any sum of money or value of property referred to in clause (vii) of sub-section (2) of section 56;
(xvi) any consideration received for issue of shares as exceeds the fair market value of the shares referred to in clause (viib) of sub-section (2) of section 56;
(xvii) any sum of money referred to in clause (ix) of sub-section (2) of section 56;
(xviia) any sum of money or value of property referred to in clause (x) of sub-section (2) section 56;
(xviib) any compensation or other payment referred to in clause (xi) of sub-section (2) of section 56;
(xviii) assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement (by whatever name called) by the Central Government or a State Government or any authority or body or agency in cash or kind to the assessee other than the subsidy or grant or reimbursement which is taken into account for determination of the actual cost of the asset in accordance with the provisions of Explanation 10 to clause (1) of section 43;”
Sources: Section 2(24) – Chapter I – Income Tax Act, 1961
- Income-Tax Officer
- means a person appointed to be an Income-tax Officer under section 117;
Source: Section 2(25) – Chapter I – Income Tax Act, 1961
- Independent Director
- Means an independent director referred to in sub-section (5) of section 149.
Source: Section 2(47) – Chapter I – The Companies Act, 2012
- India
- India means the territory of India excluding the State of Jammu and Kashmir.
Source: Section 18 – Chapter II – Indian Penal Code, 1860
- India
- India means the territory of India excluding the State of Jammu and Kashmir.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- India
- means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and subsoil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), and the air space above its territory and territorial waters;
Source: Section 2(25-A) – Chapter I – Income Tax Act, 1961
- India
- It means the territories to which this Code extends.
Source: Section 2(f), The Criminal Procedure Code, 1973
- India
- (a) as respects any period before the establishment of the Dominion of India, British India together with all territories of Indian Rulers then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler, and the tribal areas; (b) as respects any period after the establishment of the Dominion of India and before the commencement of the Constitution, all territories for the time being included in that Dominion; and (c) as respects any period after the commencement of the Constitution , all territories for the time being comprised in the territory of India;
Source: Section 3(28) – The General Clauses Act, 1897
- India
- It except in sections 1, 29, 43, 44, 5[44A,] 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir.
Source: Section 2(7B), The Civil Procedure Code, 1908
- Indian Coin
- Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.
Source: Section 230 – Chapter XII – Indian Penal Code, 1860
- Indian Company
- “means a company formed and registered under the Companies Act, 1956 (1 of 1956), and includes-
(i) a company formed and registered under any law relating to companies formerly in force in any part of India (other than the State of Jammu and Kashmir and the Union territories specified in sub-clause (iii) of this clause);
(ia) a corporation established by or under a Central, State or Provincial Act;
(ib) any institution, association or body which is declared by the Board to be a company under clause (17);
(ii) in the case of the State of Jammu and Kashmir, a company formed and registered under any law for the time being in force in that State;
(iii) in the case of any of the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu, and Pondicherry, a company formed and registered under any law for the time being in force in that Union territory: Provided that the registered or, as the case may be, principal office of the company, corporation, institution, association or body in all cases is in India;”
Source: Section 2(26) – Chapter I – Income Tax Act, 1961
- Indian Currency
- means currency which is expressed or drawn in Indian rupees but does not include special bank notes and special one rupee notes issued under section 28A of the Reserve Bank of India Act, 1934 (2 of 1934);
Source: Section 2(q) – Chapter I – Foreign Exchange Management Act,1999
- Indian Depository Receipt
- Means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts.
Source: Section 2(48) – Chapter I – The Companies Act, 2012
- Indian State
- Shall mean any territory which the Central Government recognised as such a State before the commencement of the Constitution, whether described as a State, an Estate, a Jagir or otherwise
Source: Section 3(30) – The General Clauses Act, 1897
- Indian law
- Shall mean any Act, Ordinance, Regulation, rule, order, bye-law or other instrument which before the commencement of the Constitution, had the force of law in any Province of India or part thereof, or thereafter has the force of law in any Part A State or Part C State or Part thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council,rule or other instrument made under such Act
Source: Section 3(29) – The General Clauses Act, 1897
- Indication
- Includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies;
Source: Section 2(1)(g) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Indorsement
- When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to indorse the same, and is called the “indorser”.
Source: Section 15 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Indorsement “in blank” and “in full”
- If the indorser signs his name only, the indorsement is said to be “in blank,” and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement is said to be “in full”, and the person so specified.
Source: Section 16 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Industrial Plant
- means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere.
Source: (Section 2(k), Preliminary – Air (Prevention and Control of Pollution) Act).
- Industrial Undertaking
- For the purposes of this sub-clause, industrial undertaking means any undertaking which is engaged in-
(a) the manufacture or processing of goods; or
(aa) the manufacture of computer software or recording of programme on any disc, tape, perforated media or other information device; or
(b) the business of generation or distribution of electricity or any other form of power; or
(ba) the business of providing telecommunication services; or
(c) mining; or
(d) the construction of ships; or
(da) the business of ship-breaking; or
(e) the operation of ships or aircrafts or construction or operation of rail systems.
Source: Section 10(15)(i) Explantion 1- Chapter III – Income Tax Act, 1961
- Information memorandum
- Means a memorandum prepared by resolution professional under sub-section (1) of section 29;
Source: Section 5(10) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Infrastructure Capital Company
- means such company which makes investments by way of acquiring shares or providing long-term finance to any enterprise or undertaking wholly engaged in the business referred to in sub-section (4) of section 80-IA or sub-section (1) of section 80-IAB or an undertaking developing and building a housing project referred to in sub-section (10) of section 80-IB or a project for constructing a hotel of not less than three-star category as classified by the Central Government or a project for constructing a hospital with at least one hundred beds for patients;
Source: Section 2(26A) – Chapter I – Income Tax Act, 1961
- Infrastructure Capital Fund
- means such fund operating under a trust deed registered under the provisions of the Registration Act, 1908 (16 of 1908) established to raise monies by the trustees for investment by way of acquiring shares or providing long-term finance to any enterprise or undertaking wholly engaged in the business referred to in sub-section (4) of section 80-IA or sub-section (1) of section 80-IAB or an undertaking developing and building a housing project referred to in sub-section (10) of section 80-IB or a project for constructing a hotel of not less than three-star category as classified by the Central Government or a project for constructing a hospital with at least one hundred beds for patients;
Source: Section 2(26B) – Chapter I – Income Tax Act, 1961
- Initiation date
- means the date on which a financial creditor, corporate applicant or operational creditor, as the case may be, makes an application to the Adjudicating Authority for initiating corporate insolvency resolution process or pre-packaged insolvency resolution process, as the case may be.
Source: Section 5(11) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Injury
- The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
Source: Section 44 – Chapter II – Indian Penal Code, 1860
- Injury
- It includes permanent, partial or total disablement or sickness resulting out of an accident.
Source: section 2(g) – chapter 1 – National Green Tribunal Act, 2010.
- Inland instrument
- A promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in,India shall be deemed to be an inland instrument.
Source: Section 11 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Inquiry
- It means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
Source: Section 2(g), The Criminal Procedure Code, 1973
- Insolvency commencement date
- Means the date of admission of an application for initiating corporate insolvency resolution process by the Adjudicating Authority under sections 7, 9 or section 10, as the case may be
Source: Section 5(12) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Insolvency professional
- Means a person enrolled under section 206 with an insolvency professional agency as its member and registered with the Board as an insolvency professional under section 207
Source: Section 3(19) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Insolvency professional agency
- Means any person registered with the Board under section 201 as an insolvency professional agency
Source: Section 3(20) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Insolvency resolution process costs
- Means—
(a) the amount of any interim finance and the costs incurred in raising such finance;
(b) the fees payable to any person acting as a resolution professional;
(c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern;
(d) any costs incurred at the expense of the Government to facilitate the insolvency resolution process; and
(e) any other costs as may be specified by the Board;
Source: Section 5(13) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Insolvency resolution process period
- Means the period of one hundred and eighty days beginning from the insolvency commencement date and ending on one hundred and eightieth day;
Source: Section 5(14) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Insolvent
- A person is said to be “INSOLVENT” who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not
Source: Section 2.8, Preliminary- Sale of Goods Act
- Inspector Of Income-Tax
- means a person appointed to be an Inspector of Income-tax under sub-section (1) of section 117;
Source: Section 2(28) – Chapter I – Income Tax Act, 1961
- Instrument of partition
- Means any instrument where by co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition.
Source: Section 2(15) – Chapter I – The Indian Stamp Act, 1899
- Insurer
- means an insurer being an Indian insurance company, as defined under clause (7-A) of section 2 of the Insurance Act, 1938 (4 of 1938), which has been granted a certificate of registration under section 3 of that Act;
Source: Section 2(28BB) – Chapter I – Income Tax Act, 1961
- Integrated Rehabilitation Centre For Addicts
- shall have the meaning assigned to it under the scheme called Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force
Source: Section 93 – Explanation a – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Inter-Country Adoption
- means adoption of a child from India by non-resident Indian or by a person of Indian origin or by a foreigner;
Source: Section 2(34) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Interest
- means interest payable in any manner in respect of any moneys borrowed or debt incurred (including a deposit, claim or other similar right or obligation) and includes any service fee or other charge in respect of the moneys borrowed or debt incurred or in respect of any credit facility which has not been utilised;
Source: Section 2(28A) – Chapter I – Income Tax Act, 1961
- Interest On Securities
- “means,- (i) interest on any security of the Central Government or a State Government; (ii) interest on debentures or other securities for money issued by or on behalf of a local authority or a company or a corporation established by a Central, State or Provincial Act;”
Source: Section 2(28B) – Chapter I – Income Tax Act, 1961
- Interested Director
- Means a director who is in any way, whether by himself or through any of his relatives or firm, body corporate or other association of individuals in which he or any of his relatives is a partner, director or a member, interested in a contract or arrangement, or proposed contract or arrangement, entered into or to be entered into by or on behalf of a company.
Source: Section 2(49) – Chapter I – The Companies Act, 2012
- Interim Insurance Regulatory Authority
- means the Insurance Regulatory Authority set up by the Central Government through Resolution No.17(2)/94-Ins-V, dated the 23rd January, 1996;
Source: Section 2(e) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Interim finance
- Means any financial debt raised by the resolution professional during the insolvency resolution process period or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be and such other debt as may be notified.
Source: Section 5(15) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Intermediary
- “means,–
(i) a stock-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with securities market and registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); or
(ii) an association recognised or registered under the Forward Contracts (Regulation) Act, 1952 (74 of 1952) or any member of such association; or
(iii) intermediary registered by the Pension Fund Regulatory and Development Authority; or
(iv) a recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);”
Source: Section 2(n) – Chapter I – Prevention of Money Laundering Act, 2002
- Intermediary Or Insurance Intermediary
- includes insurance brokers, reinsurance brokers, insurance consultants, surveyors and loss assessors;
Source: Section 2(f) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Intermediate Level
- an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is? (i) an individual who is a national of, or habitually resident in, any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv) the Government of a foreign country.
Source: (Section 2 (1)(f), General Provisions˜ – Arbitration and Conciliation Act)
- International Application
- Means an application for patent made in accordance with the Patent Cooperation Treaty.
Source: Section 2(1)(ia) – Chapter I -The Patents Act, 1970
- International Commercial Arbitration:
- includes all the proceedings under this Act conducted by the Director or by an authority authorised by the Central Government under this Act for the collection of evidence
Source: Section 2(na) – Chapter I – Prevention of Money Laundering Act, 2002
- Invention
- Means a new product or process involving an inventive step and capable of industrial application.
Source: Section 2(1)(j) – Chapter I -The Patents Act, 1970
- Inventive Step
- Means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;
Source: Section 2(1)(ja) – Chapter I -The Patents Act, 1970
- Investigation
- means a person appointed to be a Joint Commissioner of Income-tax or an Additional Commissioner of Income-tax under sub-section (1) of section 117;
Source: Section 2(28C) – Chapter I – Income Tax Act, 1961
- Investigation
- It includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
Source: Section 2(h), The Criminal Procedure Code, 1973
- Issue
- Means any person making an issue of securities
Source: Section 2(15A) – Chapter I – The Indian Stamp Act, 1899
- Issued Capital
- Means such capital as the company issues from time to time for subscription.
Source: Section 2(50) – Chapter I – The Companies Act, 2012
J
- Joint Commissioner
- A level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part
Source: (Article 243(c), Part IX – The Panchayats, The Constitution of India).
- Joint Director
- means a person appointed to be a Joint Director of Income-tax or an Additional Director of Income-tax under sub-section (1) of section 117;
Source: Section 2(28D) – Chapter I – Income Tax Act, 1961
- Judge
- “The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person. who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment.”
Source: Section 19 – Chapter II – Indian Penal Code, 1860
- Judge
- It means the presiding officer of a Civil Court.
Source: Section 2(8), The Civil Procedure Code, 1908
- Judgment
- It means the statement given by the Judge of the grounds of a decree or order.
Source: Section 2(9), The Civil Procedure Code, 1908
- Judgment-Debtor
- It means any person against whom a decree has been passed or an order capable of execution has been made.
Source: Section 2(10), The Civil Procedure Code, 1908
- Judicial Member
- “Judicial Member” means a member of the Tribunal who is qualified to be appointed as such under sub-section (1) of section 5 and includes the Chairperson, sub-section (1) of section 5 states that – —(1) A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court: Provided that a person who is or has been a Judge of the High Court shall also be qualified to be appointed as a Judicial Member.
Source: section 2(h) – chapter 1, section 5(1), chapter 2 – National Green Tribunal Act, 2010
- Judicial Proceeding
- It includes any proceeding in the course of which evidence is or may be legally taken on oath.
Source: Section 2(i), The Criminal Procedure Code, 1973
- Judicial Service
- means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
Source: (Article 236(a), Part VI – The State, The Constitution of India)
- Justice
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- Juvenile
- means a child below the age of eighteen years;
Source: Section 2(35) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
K
- Key Managerial Personnel
- “key managerial personnel”, in relation to a company, means—
(i) the Chief Executive Officer or the Managing Director or the Manager,
(ii) the Company Secretary;
(iii) the whole-time director;
(iv) the Chief Financial Officer, if the Board of directors appoints him; and
(v) such other officer as may be prescribed
Source: Section 2(51) – Chapter I – The Companies Act, 2013
L
- Laboratory Test
- For the purposes of this section, “laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Government or a State Government.
Source: Section 204, Explanation – Chapter XIII – The Motor Vehicles Act, 1988
- Learner’s Licence
- means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description;
Source: Section 2(19) -Chapter I – The Motor Vehicles Act, 1988
- Lease
- A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Source: Section 105 – Chapter V – The Transfer of Property Act, 1882
- Lease
- Means a lease of immovable property, and includes also— (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property; (c) any instrument by which tolls of any description are let; (d) any writing on an application for a lease intended to signify that the application is granted
Source: Section – 2(16) Chapter I – The Indian Stamp Act, 1899
- Lease
- Includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease
Source: Section 2(7) – Chapter I – The Registration Act, 1908
- Legal Representative
- a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting.
Source: (Section 2 (1)(g) – Arbitration and Conciliation Act)
- Legal Representative
- It means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.
Source: Section 2(11), The Civil Procedure Code, 1973
- Legal Representative
- Means a person who in law represents the estate of a deceased person;
Source: Section 2(1)(k) – Chapter I -The Patents Act, 1970
- Lessor, lessee, premium and rent
- The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.
Source: Section 105 – Chapter V – The Transfer of Property Act, 1882
- Licensing Authority
- means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III;
Source: Section 2(20) -Chapter I – The Motor Vehicles Act, 1988
- Life
- The word “life” denotes the life of a human being, unless the contrary appears from the context.
Source: Section 45 – Chapter II – Indian Penal Code, 1860
- Light Motor Vehicle
- means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kilograms;
Source: Section 2(21) – Chapter I – The Motor Vehicles Act, 1988
- Limitations
- Means any limitation of the exclusive right to the use of a trademark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;
Source: Section 2(l) – Chapter I – The Trade Marks Act, 1999
- Limited Liability Partnership
- Means a partnership formed and registered under this Act.
Source: Section 2(n) – Chapter I – The Limited Liability Partnership Act, 2008
- Limited Liability Partnership Agreement
- Means any written agreement between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to that limited liability partnership.
Source: Section 2(o) – Chapter I – The Limited Liability Partnership Act, 2008
- Liquidation commencement date
- Means the date on which proceedings for liquidation commence in accordance with section 33 or section 59, as the case may be;
Source: Section 5(17) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Liquidation cost
- Means any cost incurred by the liquidator during the period of liquidation subject to such regulations, as may be specified by the Board;
Source: Section 5(16) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Listed Company
- Means a company which has any of its securities listed on any recognised stock exchange.
Source: Section 2(52) – Chapter I – The Companies Act, 2013
- Local Authority
- “For the purposes of this clause, the expression “”local authority”” means-
(i) Panchayat as referred to in clause (d) of article 243 of the Constitution; or
(ii) Municipality as referred to in clause (e) of article 243-P of the Constitution; or
(iii) Municipal Committee and District Board, legally entitled to, or entrusted by the Government with, the control or management of a Municipal or local fund; or
(iv) Cantonment Board as defined in section 3 of the Cantonments Act, 1924 (2 of 1924);”
Source: Section 10(20) Explantion – Chapter III – Income Tax Act, 1961
- Local Authority
- Shall mean a municipal committee, district board, body of port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund
Source: Section 3(31) – The General Clauses Act, 1897
- Local Bodies
- It means Panchayats and Municipalities, by what ever name called, within the meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self-government constituted under any other provision of the Constitution or any Central Act or State Act.
Source: section 2(h) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Local Jurisdiction
- It, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1 [and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify].
Source: Section 2(j), The Criminal Procedure Code, 1973
- Local Law
- A “local law” is a law applicable only to a particular part of India
Source: Section 42 – Chapter II – Indian Penal Code, 1860
- Long-Term Capital Asset
- means a capital asset which is not a short-term capital asset;
Source: Section 2(29-A) – Chapter I – Income Tax Act, 1961
- Long-Term Capital Gain
- means capital gain arising from the transfer of a long-term capital asset;
Source: Section 2(29-B) – Chapter I – Income Tax Act, 1961
M
- Magistrate
- means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;
Source: Section 2(i) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Magistrate
- Shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force
Source: Section 3(32) – The General Clauses Act, 1897
- Man,Woman
- The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
Source: Section 10 – Chapter II – Indian Penal Code, 1860
- Manager
- For the purposes of this clause, manager shall have the meaning assigned to it in clause (q) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992;
Source: Section 10(4D) Explantion b – Chapter III – Income Tax Act, 1961
- Manager
- Means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not.
Source: Section 2(53) – Chapter I – The Companies Act, 2013
- Managing Agent
- Includes,–
(i) secretaries and treasurers,
(ii) where the managing agent is a company, any director of such company, and any member thereof who holds substantial interest in such company,
(iii) where the managing agent is a firm, any partner of such firm;
Source: Section 5(gg) – Part I – The Banking Regulation Act, 1949
- Managing Director
- Means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of Managing Director, by whatever name called.
Explanation.—For the purposes of this section, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management.
Source: Section 2(54) – Chapter I – The Companies Act, 2013
- Managing Director
- In relation to a banking company, means a director who, by virtue of of an agreement with the banking company or of a resolution passed by the banking company in general meeting or by its Board of directors or, by virtue of its memorandum or articles of association, is entrusted with the management of the whole, or substantially the whole of the affairs of the company, and includes a director occupying the position of a managing director, by whatever name called
Provided that the managing director shall exercise his powers subject to the superintendence, control and direction of the Board of directors
Source: Section 5(h) – Part I – The Banking Regulation Act, 1949
- Mandatory Traffic Sign
- means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116.
Source: Section 119(2) – Chapter VIII – The Motor Vehicles Act, 1988
- Manufacture
- “with its grammatical variations, means a change in a non-living physical object or article or thing,-
(a) resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use; or
(b) bringing into existence of a new and distinct object or article or thing with a different chemical composition or integral structure;”
Source: Section 2(29-BA) – Chapter I – Income Tax Act, 1961
- Manufacturer
- means a person who is engaged in the manufacture of motor vehicles;
Source: Section 2(21A) – Chapter I – The Motor Vehicles Act, 1988
- Mark
- Includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
Source: Section 2(m) – Chapter I – The Trade Marks Act, 1999
- Market value
- “market value”, in relation to an instrument through which— (a) any security is traded in a stock exchange, means the price at which it is so traded; (b) any security which is transferred through a depository but not traded in the stock exchange, means the price or the consideration mentioned in such instrument; (c) any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument
Source: Section 2(16B) – Chapter I – The Indian Stamp Act, 1899
- Marketable security
- Means a security capable of being traded in any stock exchange in India
Source: Section 2(16A) – Chapter I – The Indian Stamp Act, 1899
- Maturity
- The maturity of a promissory note or bill of exchange is the date at which it falls due.
Source: Section 22 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Maxicab
- means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;
Source: Section 2(22) – Chapter I – The Motor Vehicles Act, 1988
- Maximum Marginal Rate
- means the rate of income-tax (including surcharge on income-tax, if any) applicable in relation to the highest slab of income in the case of an individual, [association of persons or, as the case may be, body of individuals] [as specified in the Finance Act of the relevant year;
Source: Section 2(29-C) – Chapter I – Income Tax Act, 1961
- May Presume
- Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
Source: Section 4 – Chapter I – The Indian Evidence Act, 1872.
- Medical Facility
- means such facility as may be notified by the State Government to be a medical facility for the purposes of this Act;
Source: Section 2(j) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Medium Goods Vehicle
- means any goods carriage other than a light motor vehicle or a heavy goods vehicle;
Source: Section 2(23) – Chapter I – The Motor Vehicles Act, 1988
- Medium Passenger Motor Vehicle
- means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, adapted vehicle, light motor vehicle or heavy passenger motor vehicle;
Source: Section 2(24) – Chapter I – The Motor Vehicles Act, 1988
- Member
- means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof.
Source: (Section 2(l), Preliminary – Air (Prevention and Control of Pollution) Act).
- Member
- means a whole time or a part time member of the Authority and includes the Chairperson;
Source: Section 2(g) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Member
- means a Member of the Appellate Tribunal and includes the Chairperson thereof;
Source: Section 2(s) – Chapter I – Foreign Exchange Management Act,1999
- Member
- a Member of the Appellate Tribunal and includes the Chairperson;
Source: Section 2(o) – Chapter I – Prevention of Money Laundering Act, 2002
- Member
- a Member of the Appellate Tribunal and includes the Chairperson;
Source: Section 2(o) – Chapter I – Prevention of Money Laundering Act, 2002
- Member
- Means—
(i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members;
(ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company;
(iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository
Source: Section 2(55) – Chapter I – The Companies Act, 2013
- Member
- It means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson.
Source: section 2(i) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Memorandum
- Means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act.
Source: Section 2(56) – Chapter I – The Companies Act, 2013
- Mercantile Agent
- mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods
Source: Section 2.9, Preliminary- Sale of Goods Act
- Mesne Profits
- It of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.
Source: Section 2(12), The Civil Procedure Code, 1908
- Metropolitan Area
- means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part
Source: (Article 243P (c), Part IXA – The Municipalities, The Constitution of India).
- Metropolitan Area
- It means the area declared, or deemed to be declared, under section 8, to be a metropolitan area.
Source: Section 2(k), The Criminal Procedure Code, 1973
- Minor
- Means a person who, according to the personal law to which he is subject, has not attained majority
Source: Section 2(8) – Chapter I – The Registration Act, 1908
- Minor Forest Produce
- “minor forest produce” includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like.
Source: section 2(i) – chapter 1 – Forest Rights Act, 2006
- Monetary Relief
- means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence;
Source: Section 2(k) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Money Bill
- (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
Source: (Article 110, Part V – The Union, The Constitution of India) – has been reiterated under Article 199 as well with respect to State
- Money Laundering
- Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the [proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming] it as untainted property shall be guilty of offence of money-laundering.
Source: Section 3 – Chapter II – Prevention of Money Laundering Act, 2002
- Mortgage
- A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee.
Source: Section 58(a) – Chapter IV – The Transfer of Property Act, 1882
- Mortgage-deed
- The instrument (if any) by which the transfer is effected is called a mortgage-deed.
Source: Section 58(a) – Chapter IV – The Transfer of Property Act, 1882
- Mortgage-deed
- Includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property
Source: Section 2(17) – Chapter I – The Indian Stamp Act, 1899
- Mortgage-money
- The principal money and interest of which payment is secured for the time being arc called the mortgage-money.
Source: Section 58(a) – Chapter IV – The Transfer of Property Act, 1882
- Mortgaged debt
- Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable, first, in payment of the costs of such recovery; secondly, in or towards satisfaction of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same.
Source: Section 134 – Chapter VII – The Transfer of Property Act, 1882
- Motor Cycle
- means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;
Source: Section 2(27) – Chapter I – The Motor Vehicles Act, 1988
- Motor Vehicle Or Vehicle
- means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres;
Source: Section 2(28) – Chapter I – The Motor Vehicles Act, 1988
- Motorcab
- means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward;
Source: Section 2(25) – Chapter I – The Motor Vehicles Act, 1988
- Movable Property
- The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
Source: Section 22 – Chapter II – Indian Penal Code, 1860
- Movable Property
- It includes growing crops.
Source: Section 2(13), The Civil Procedure Code, 1908
- Movable Property
- Includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property
Source: Section 2(9) – Chapter I – The Registration Act, 1908
- Movable Property
- Shall mean property of every description, except immovable property
Source: Section 3(36) – The General Clauses Act, 1897
- Municipal Area
- means a society with objects not confined to one State and registered or deemed to be registered under any law for the time being in force relating to such co-operatives.
Source: (Article 243ZH(d), Part IXB – The Co-Operative Societies, The Constitution of India)
- Municipalities
- means an institution of self-government constituted under article 243Q
Source: (Article 243P (e), Part IXA – The Municipalities, The Constitution of India).
- Murder
- “Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—
2ndly.—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—
3rdly.—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—
4thly.—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.”
Source: Section 300 – Chapter XVI – Indian Penal Code, 1860
N
- Name
- In relation to a partner of a limited liability partnership, means—
(i) if an individual, his forename, middle name and surname; and
(ii) if a body corporate, its registered name
Source: Section 2(p) – Chapter I – The Limited Liability Partnership Act, 2008
- Narcotic Drug And Psychotropic Substance
- shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
Source: Section 2(36) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- National Biodiversity Authority
- It means the National Biodiversity Authority established under section 8.
Source: section 2(j) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- National Permit
- ” means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.”
Source: Section 88, Explanation c – Chapter V – The Motor Vehicles Act, 1988
- National Tax Tribunal
- means the National Tax Tribunal established under section 3 of the National Tax Tribunal Act, 2005 (49 of 2005);
Source: Section 2(29-D) – Chapter I – Income Tax Act, 1961
- Negotiable document
- Means a document, which embodies a right to delivery of tangible assets and satisfies the requirements for negotiability under any law for the time being in force including warehouse receipt and bill of lading
Source: Section 2(na) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Negotiable instrument
- A “negotiable instrument” means a promissory note, bill of exchange or cheque payable either to order or to bearer.
Source: Section 13 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Negotiation
- When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated.
Source: Section 14 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Net Worth
- Means the aggregate value of the paid-up share capital and all reserves created out of the profits and securities premium account, after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation.
Source: Section 2(57) – Chapter I – The Companies Act, 2013
- New Invention
- Means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art;
Source: Section 2(1)(l) – Chapter I -The Patents Act, 1970
- Nodal Agency
- “nodal agency” means the nodal agency specified in section 11.
Source: section 2(j) – chapter 1 – Forest Rights Act, 2006
- Non-Banking Financial Company
- shall have the same meaning as assigned to it in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934);
Source: Section 2(q) – Chapter I – Prevention of Money Laundering Act, 2002
- Non-Cognizable Offence
- It means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant.
Source: Section 2(l), The Criminal Procedure Code, 1973
- Non-Resident
- means a person who is not a “resident”, and for the purposes of sections 92, 93 and 168, includes a person who is not ordinarily resident within the meaning of clause (6) of section 6;
Source: Section 2(30) – Chapter I – Income Tax Act, 1961
- Non-Resident Indian
- means a person who holds an Indian passport and is presently residing abroad for more than one year;
Source: Section 2(38) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Non-performing asset
- means an asset or account of a borrower, which has been classified by a bank or financial institution as sub-standard, doubtful or loss asset,—
(a) in case such bank or financial institution is administered or regulated by any authority or body established, constituted or appointed by any law for the time being in force, in accordance with the directions or guidelines relating to assets classifications issued by such authority or body;
(b) in any other case, in accordance with the directions or guidelines relating to assets classifications issued by the Reserve Bank
Source: Section 2(o) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Not Proved
- A fact is said not to be proved when it is neither proved nor disproved.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Not Proved
- Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
Source: Section 9 – Chapter II – Indian Penal Code, 1860
- Notification
- means a notification published in the Official Gazette;
Source: Section 2(h) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Notification
- means a notification published in the Official Gazette and the expression notified shall be construed accordingly;
Source: Section 2(l) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Notification
- means a notification published in the Official Gazette;
Source: Section 2(r) – Chapter I – Prevention of Money Laundering Act, 2002
- Notification
- means to notify in the Official Gazette and the expression notification shall be construed accordingly;
Source: Section 2(t) – Chapter I – Foreign Exchange Management Act,1999
- Notification
- It means a notification published in the Official Gazette.
Source: Section 2(m), The Criminal Procedure Code, 1973
- Notification
- Means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly.
Source: Section 2(58) – Chapter I – The Companies Act, 2013
- Notification
- It means a notification published in the Official Gazete.
Source: section 2(k) – chapter 1 – Forest Rights Act, 2006
- Notification
- It means a notification published in the Official Gazette.
Source: section 2(i) – chapter 1 – National Green Tribunal Act, 2010
O
- Oath
- The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.
Source: Section 51 – Chapter II – Indian Penal Code, 1860
- Oath
- Shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.
Source: Section 3(37) – The General Clauses Act, 1897
- Obligor
- Means a person liable to the originator, whether under a contract or otherwise, to pay a financial asset or to discharge any obligation in respect of a financial asset, whether existing, future, conditional or contingent and includes the borrower
Source: Section 2(q) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Offence
- It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871).
Source: Section 2(n), The Criminal Procedure Code, 1973
- Offence
- Shall mean any act or omission made punishable by any law for the time being in force.
Source: Section 3(38) – The General Clauses Act, 1897
- Office Bearer
- means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer of a co-operative society and includes any other person to be elected by the board of any co-operative society.
Source: (Article 243ZH (e), Part IXB – The Co-Operative Societies, The Constitution of India)
- Officer
- “officer” includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act.
Source: Section 2(59) – Chapter I – The Companies Act, 2013
- Officer in charge of a police station
- It includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present.
Source: Section 2(o), The Criminal Procedure Code, 1973
- Officer who is in default
- “officer who is in default”, for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:—
(i) whole-time director;
(ii) key managerial personnel;
(iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified;
(iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default;
(v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity;
(vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance;
(vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer.
Source: Section 2(60) – Chapter I – The Companies Act, 2013
- Official Liquidator
- Means an Official Liquidator appointed under sub-section (1) of section 359.
Source: Section 2(61) – Chapter I – The Companies Act, 2013
- One Person Company
- Means a company which has only one person as a member.
Source: Section 2(62) – Chapter I – The Companies Act, 2013
- Onerous gifts
- Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, the done can take nothing by the gift unless he accepts it fully.
Source: Section 127 – Chapter VII – The Transfer of Property Act, 1882
- Open Shelter
- means a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 43, and registered as such, for the purposes specified in that section;
Source: Section 2(41) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Operational creditor
- Means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred
Source: Section 5(20) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Operational debt
- Means a claim in respect of the provision of goods or services including employment or a debt in respect of the payment of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority;
Source: Section 5(21) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Oral transfer
- A transfer of property may be made without writing in every case in which a writing is not expressly required by law.
Source: Section 9 – Chapter II – The Transfer of Property Act, 1882
- Order
- It means the formal expression of any decision of a Civil Court which is not a decree.
Source: Section 2(14), The Civil Procedure Code, 1908
- Ordinary or Special Resolution
- Means an ordinary resolution, or as the case may be, special resolution referred to in section 114.
Source: Section 2(63) – Chapter I – The Companies Act, 2013
- Original
- In relation to a design, means originating from the author of such design and
includes the cases which though old in themselves yet are new in their application;
Source: Section 2(g) – Chapter I -The Designs Act, 2000
- Original Registering Authority
- “The expression “original registering authority” in this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded.”
Source: Section 55(8) – Chapter IV – The Motor Vehicles Act, 1988
- Originator
- means the owner of a financial asset which is acquired by a asset reconstruction company for the purpose of securitisation or asset reconstruction;
Source: Section 2(r) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Orphan
- “means a child:
(i) who is without biological or adoptive parents or legal guardian; or
(ii) whose legal guardian is not willing to take, or capable of taking care of the child;”
Source: Section 2(42) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Other Traditional Forest Dweller
- It means any member or community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs.
Source: section 2(o) – chapter 1 – Forest Rights Act, 2006
P
- Package
- Includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
Source: Section 2(q) – Chapter I – The Trade Marks Act, 1999
- Package
- Includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
Source: Section 2(1)(i) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Paid-Up Share Capital or Share Capital Paid Up
- Means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount of money credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called.
Source: Section 2(64) – Chapter I – The Companies Act, 2013
- Paper
- Includes vellum, parchment or any other material on which an instrument may be written.
Source: Section 2(18) – Chapter – I The Indian Stamp Act, 1899
- Part
- Shall mean a part of the Act or Regulation in which the word occurs.
Source: Section – 3(40) – The General Clauses Act, 1897
- Part A State
- Shall mean a State for the time being specified in Part A of the First Schedule to the Constitution, [as in force before the Constitution (Seventh Amendment) Act, 1956,] “Part B State” shall mean a State for the time being specified in Part B of that Schedule and “Part C State” shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of article 243 of the Constitution.
Source: Section 3(41) – The General Clauses Act, 1897
- Partner
- In relation to a limited liability partnership, means any person who becomes a partner in the limited liability partnership in accordance with the limited liability partnership agreement.
Source: Section 2(q) – Chapter I – The Limited Liability Partnership Act, 2008
- Patent
- Means a patent for any invention granted under this Act;
Source: Section 2(1)(m) – Chapter I -The Patents Act, 1970
- Patent Agent
- Means a person for the time being registered under this Act as a patent agent;
Source: Section 2(1)(n) – Chapter I -The Patents Act, 1970
- Patent Cooperation Treaty
- Means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time;
Source: Section 2(1)(oa) – Chapter I -The Patents Act, 1970
- Patented Article and Patented Process
- Mean respectively an article or process in respect of which a patent is in force;
Source: Section 2(1)(o) – Chapter I -The Patents Act, 1970
- Patentee
- Means the person for the time being entered on the register as the grantee or proprietor of the patent;
Source: Section 2(1)(p) – Chapter I -The Patents Act, 1970
- Payee
- The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the “Payee”.
Source: Section 7 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Payment System
- “means a system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them.
Explanation. For the purposes of this clause, payment system includes the systems enabling credit card operations, debit card operations, smart card operations, money transfer operations or similar operations;”
Source: Section 2(rb) – Chapter I – Prevention of Money Laundering Act, 2002
- Payment System Operator
- means a person who operates a payment system and such person includes his overseas principal.
Explanation. For the purposes of this clause, Overseas principal means,-
(A) in the case of a person, being an individual, such individual residing outside India, who owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;
(B) in the case of a Hindu undivided family, karta of such Hindu undivided family residing outside India who owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;
(C) in the case of a company, a firm, an association of persons, a body of individuals, an artificial juridical person, whether incorporated or not, such company, firm, association of persons, body of individuals, artificial juridical person incorporated or registered outside India or existing as such and which owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;
Source: Section 2(rc) – Chapter I – Prevention of Money Laundering Act, 2002
- Payment in due course
- Means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.
Source: Section 10 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Penetrative Sexual Assault
- “has the same meaning as assigned to it in section 3; “
Source: “(Section 2 (1)(f) – Preliminary – The Protection of Children from Sexual Offences Act, 2012) “
- Penetrative Sexual Assault
- A person is said to commit “penetrative sexual assault” if:
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; orÿ
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; orÿ
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; orÿ
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Source: “(Section 3 – Chapter II – The Protection of Children from Sexual Offences Act, 2012) “
- Period of limitation
- Means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act
Source: Section 2(j) – Part I – The Limitation Act, 1963
- Permit
- means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle;
Source: Section 2(31) – Chapter I – The Motor Vehicles Act, 1988
- Permitted Use
- In relation to a registered trade mark, means the use of trade mark–
(i) by a registered user of the trade mark in relation to goods or services–
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) for which he is registered as registered user; and
(d) which complies with any conditions or limitations to which the registration of registered user is subject; or
(ii) by a person other than the registered proprietor and registered user in relation to goods or services–
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) by consent of such registered proprietor in a written agreement; and
(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;
Source: Section 2(r) – Chapter I – The Trade Marks Act, 1999
- Person
- includes–
(i) an individual,
(ii) a Hindu undivided family,
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether incorporated or not,
(vi) every artificial juridical person not falling within any of the preceding sub-clauses, and
(vii) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses;
Source: Section 2(s) – Chapter I – Prevention of Money Laundering Act, 2002
- Person
- The word “person” includes any Company or Association or body of persons, whether incorporated or not.
Source: Section 11 – Chapter II – Indian Penal Code, 1860
- Person
- “includes- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses. [Explanation. – For the purposes of this clause, an association of persons or a body of individuals or a local authority or an artificial juridical person shall be deemed to be a person, whether or not such person or body or authority or juridical person was formed or established or incorporated with the object of deriving income, profits or gains;”
Source: Section 2(31) – Chapter I – Income Tax Act, 1961
- Person
- includes–
(i) an individual,
(ii) a Hindu undivided family
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether incorporated or not,
(vi) every artificial juridical person, not falling within any of the preceding sub-clauses, and
(vii) any agency, office or branch owned or controlled by such person;
Source: Section 2(u) – Chapter I – Foreign Exchange Management Act,1999
- Person
- Includes—
(a) an individual;
(b) a Hindu Undivided Family;
(c) a company;
(d) a trust;
(e) a partnership;
(f) a limited liability partnership; and
(g) any other entity established under a statute,and includes a person resident outside India;
Source: Section 3(23) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Person
- “person” includes— (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) trustee of a trust, (vii) a local authority, and (viii) every artificial juridical person, not falling within any of the preceding sub-clauses.
Source: section 2(j) – chapter 1 – National Green Tribunal Act, 2010
- Person Carrying On Designated Business Or Profession
- means,–
(i) a person carrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino;
(ii) Inspector-General of Registration appointed under section 3 of the Registration Act, 1908 (16 of 1908) as may be notified by the Central Government;
(iii) real estate agent, as may be notified by the Central Government;
(iv) dealer in precious metals, precious stones and other high value goods, as may be notified by the Central Government;
(v) person engaged in safekeeping and administration of cash and liquid securities on behalf of other persons, as may be notified by the Central Government; or
(vi) person carrying on such other activities as the Central Government may, by notification, so designate, from time to time;
Source: Section 2(sa) – Chapter I – Prevention of Money Laundering Act, 2002
- Person Interested
- Includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
Source: Section 2(1)(t) – Chapter I -The Patents Act, 1970
- Person Of Indian Origin
- means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Card issued by the Central Government;
Source: Section 2(44) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Person Resident In India
- means–
(i) a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include–
(A) a person who has gone out of India or who stays outside India, in either case–
(a) for or on taking up employment outside India, or
(b) for carrying on outside India a business or vocation outside India, or
(c) for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period;
(B) a person who has come to or stays in India, in either case, otherwise than–
(a) for or on taking up employment in India, or
(b) for carrying on in India a business or vocation in India, or
(c) for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;
(ii) any person or body corporate registered or incorporated in India,
(iii) an office, branch or agency in India owned or controlled by a person resident outside India,
(iv) an office, branch or agency outside India owned or controlled by a person resident in India;
Source: Section 2(v) – Chapter I – Foreign Exchange Management Act,1999
- Person Resident Outside India
- means a person who is not resident in India;
Source: Section 2(w) – Chapter I – Foreign Exchange Management Act,1999
- Person Who Has A Substantial Interest In The Company
- in relation to a company, means a person who is the beneficial owner of shares, not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits, carrying not less than twenty per cent. of the voting power;
Source: Section 2(32) – Chapter I – Income Tax Act, 1961
- Personal guarantor
- Means an individual who is the surety in a contract of guarantee to a corporate debtor
Source: Section 5(22) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Personnel
- Includes the directors, managers, key managerial personnel, designated partners and employees, if any, of the corporate debtor.
Source: Section 5(23) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Petty Offences
- includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years;
Sources: Section 2(45) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Pharmaceutical Substance
- Means any new entity involving one or more inventive steps
Source: Section 2(1)(ta) – Chapter I -The Patents Act, 1970
- Physical Abuse
- For the purposes of this section, means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force
Source: Section 3, Explanation I(i) – Chapter II – The Protection of Women from Domestic Violence Act, 2005
- Place
- It includes a house, building, tent, vehicle and vessel.
Source: Section 2(p), The Criminal Procedure Code, 1973
- Place Of Effective Management
- means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole, are in substance made.
Source: Section 6(3), Explanation – Chapter II – Income Tax Act, 1961
- Place Of Safety
- means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person incharge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children?s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order;
Source: Section 2(46) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Plaintiff
- Includes— (i) any person from or through whom a plaintiff derives his right to sue; (ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative
Source: Section 2(i) – Part I – The Limitation Act, 1963
- Pleader
- It, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding.
Source: Section 2(q), The Criminal Procedure Code, 1973
- Pleader
- It means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court.
Source: Section 2(15), The Civil Procedure Code, 1908
- Police Report
- It means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173.
Source: Section 2(r), The Criminal Procedure Code, 1973
- Police Station
- It means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf.
Source: Section 2(s), The Criminal Procedure Code, 1973
- Policy of group insurance
- Means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection.
Source: Section 2(19A) – Chapter I – The Indian Stamp Act, 1899
- Policy of insurance
- includes— (a) any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event; (b) a life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance
Source: Section 2(19) – Chapter I – The Indian Stamp Act, 1899
- Policy of sea-insurance or sea-policy
- (a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel; and (b) includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance: Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance.
Source: Section 2(20) – Chapter I – The Indian Stamp Act, 1899
- Political Agent
- Shall mean,— (a) in relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory; and (b) in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of a Political Agent under that Act or Regulation;
Source: Section 3(43) – The General Clauses Act, 1897
- Population
- In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [2026] have been published, [be construed,—
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b)of clause (2) as a reference to the [2001] census.]
Source: (Article 81(3), Part V – The Union, The Constitution of India) – has been reiterated in other articles as well.
- Population
- For the purposes of clause (ii) of the proviso to sub-clause (c) means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year
Source: Explanation 4, Section 2(1A) – Chapter I – Income Tax Act, 1961
- Population
- means the population as ascertained at the last preceding census of which the relevant figures have been published.
Source: (Article 243(f), Part IX – The Panchayats, The Constitution of India). Article 243B. Constitution of Panchayats.—(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
- Postal Ballot
- Means voting by post or through any electronic mode
Source: Section 2(65) – Chapter I – The Companies Act, 2013
- Power-of-attorney
- Includes any instrument (not chargeable with a fee under the law relating to Court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it
Source: Section 2(21) – Chapter I – The Indian Stamp Act, 1899
- Pre-packaged insolvency commencement date
- Means the date of admission of an application for initiating the pre-packaged insolvency resolution process by the Adjudicating Authority under clause (a) of sub-section (4) of section 54C
Source: Section 5(23B) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Pre-packaged insolvency resolution process costs
- Means—
(a) the amount of any interim finance and the costs incurred in raising such finance;
(b) the fees payable to any person acting as a resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process during the prepackaged insolvency resolution process period, subject to sub-section (6) of section 54F;
(c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern pursuant to an order under sub-section (2) of section 54J;
(d) any costs incurred at the expense of the Government to facilitate the pre-packaged insolvency resolution process; and
(e) any other costs as may be specified;
Source: Section 5(23C) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Pre-packaged insolvency resolution process period
- means the period beginning from the pre-packaged insolvency commencement date and ending on the date on which an order under subsection (1) of section 54L, or sub-section (1) of section 54N, or sub-section (2) of section 54-O, as the case may be, is passed by the Adjudicating Authority;
Source: Section 5(23D) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Precious Metal
- means gold, silver, platinum, palladium or rhodium or such other metal as may be notified by the Central Government;
Source: Section 2(sb) – Chapter I – Prevention of Money Laundering Act, 2002
- Precious Stone
- means diamond, emerald, ruby, sapphire or any such other stone as may be notified by the Central Government;
Source: Section 2(sc) – Chapter I – Prevention of Money Laundering Act, 2002
- Prescribed
- means prescribed by rules made under this Act;
Source: (Section 2 (1)(g) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Prescribed
- It means prescribed by rules.
Source: Section 2(16), The Civil Procedure Code, 1908
- Prescribed
- It means prescribed by rules made under this Code.
Source: Section 2(t), The Criminal Procedure Code, 1973
- Prescribed
- Means prescribed by rules made under this Act
Source: Section 2(66) – Chapter I – The Companies Act, 2013
- Prescribed
- Means,
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;
Source: Section 2(s) – Chapter I – The Trade Marks Act, 1999
- Prescribed
- It means prescribed by rules made under this Act.
Source: section 2(l) – chapter 1 – Forest Rights Act, 2006
- Prescribed
- It means prescribed by rules made under this Act.
Source: section 2(k) – chapter 1 – National Green Tribunal Act, 2010
- Prescribed
- It means prescribed by rules made under this Act.
Source: section 2(k) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Presidency-town
- Shall mean the local limits for the time being of the ordinary original civil jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be;
Source: Section 3(44) – The General Clauses Act, 1897
- Previous Company Law
- Means any of the laws specified below:—
(i) Acts relating to companies in force before the Indian Companies Act, 1866;
(ii) the Indian Companies Act, 1866;
(iii) the Indian Companies Act, 1882;
(iv) the Indian Companies Act, 1913;
(v) the Registration of Transferred Companies Ordinance, 1942;
(vi) the Companies Act, 1956; and
(vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force—
(A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir), or any part thereof, before the extension thereto of the Indian Companies Act, 1913; or
(B) in the State of Jammu and Kashmir, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968, in so far as other corporations are concerned;
(viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and
(ix) the Registration of Companies (Sikkim) Act, 1961
Source: Section 2(67) – Chapter I – The Companies Act, 2013
- Previous Year
- “For the purposes of this Act, “”previous year”” means the financial year immediately preceding the assessment year: Provided that, in the case of a business or profession newly set up, or a source of income newly coming into existence, in the said financial year, the previous year shall be the period beginning with the date of setting up of the business or profession or, as the case may be, the date on which the source of income newly comes into existence and ending with the said financial year.”
Source: Section 3 – Chapter I – Income Tax Act, 1961
- Previous Year
- means the previous year as defined in section 3;
Source: Section 2(34) – Chapter I – Income Tax Act, 1961
- Primary Evidence
- Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1. ––Where a document is executed in several parts, each part is primary evidence of the document.
Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 2. –– Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original
Source: Section 62 – Chapter V – The Indian Evidence Act, 1872.
- Private Company
- Means a company having a minimum paid-up share capital of one lakh rupees or such higher paid-up share capital as may be prescribed, and which by its articles,—
(i) restricts the right to transfer its shares;
(ii) except in case of One Person Company, limits the number of its members to two hundred:
Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this section, be treated as a single member:
Provided further that—
(A) persons who are in the employment of the company; and
(B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased,
shall not be included in the number of members; and
(iii) prohibits any invitation to the public to subscribe for any securities of the company
Source: Section 2(68) – Chapter I – The Companies Act, 2013
- Private Service Vehicle
- means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes;
Source: Section 2(33) – Chapter I – The Motor Vehicles Act, 1988
- Probation Officer
- means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958) or the Legal-cum-Probation Officer appointed by the State Government under District Child Protection Unit;
Source: Section 2(48) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Produce His Certificate Of Insurance
- In this section, the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146.
Source: Section 158(5) – Chapter XI – The Motor Vehicles Act, 1988
- Producer
- In relation to goods, means any person who,–
(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;
(ii) if such goods are natural goods, exploits the goods;
(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods;
Source: Section 2(1)(k) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Profession
- includes vocation;
Source: Section 2(36) – Chapter I – Income Tax Act, 1961
- Promissory note
- Means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;
Source: Section 2(k) – Part I – The Limitation Act, 1963
- Promissory note
- A “Promissory note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.
Source: Section 4 – Chapter II – The Negotiable Instruments (NI) Act,1881
- Promoter
- Means a person—
(a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or
(b) who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; or
(c) in accordance with whose advice, directions or instructions the Board of directors of the company is accustomed to act:
Provided that nothing in sub-clause (c) shall apply to a person who is acting in a professional capacity.
Source: Section 2(69) – Chapter I – The Companies Act, 2013
- Property
- “means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located; Explanation. – For the removal of doubts, it is hereby clarified that the term “”property”” includes property of any kind used in the commission of an offence under this Act or any of the scheduled offences;”
Source: Section 2(v) – Chapter I – Prevention of Money Laundering Act, 2002
- Property
- When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.
Source: Section 27 – Chapter II – Indian Penal Code, 1860
- Property
- means—
(i) immovable property;
(ii) movable property;
(iii) any debt or any right to receive payment of money, whether secured or unsecured;
(iv) receivables, whether existing or future
(v) intangible assets, being know-how, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature as may be prescribed by the Central Government in consultation with Reserve Bank
Source: Section 2(t) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Property
- Includes money, goods, actionable claims, land and every description of property situated in India or outside India and every description of interest including present or future or vested or contingent interest arising out of, or incidental to, property
Source: Section 3(27) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Proprietor of a new or original design
- (i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed;
(ii) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and
(iii) in any other case, means the author of the design; and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.
Source: Section 2(j) – Chapter I -The Designs Act, 2000
- Prospective Adoptive Parents
- means a person or persons eligible to adopt a child as per the provisions of section 57;
Source: Section 2(49) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Prospectus
- Means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate.
Source: Section 2(70) – Chapter I – The Companies Act, 2013
- Protection Officer
- means an officer appointed by the State Government under sub-section (1) of section 8;
Source: Section 2(n) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Protection Order
- means an order made in terms of section 18;
Source: Section 2(o) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Protective Headgear
- ” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.”
Source: Section 129, Explanation – Chapter VIII – The Motor Vehicles Act, 1988
- Protest
- When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest.
Source: Section 100 – Chapter IX – The Negotiable Instruments (NI) Act,1881
- Proved
- A fact is said to be proved when, after considering the matters before it, the Court; either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Province
- Shall mean a Presidency, a Governor’s Province, a Lieutenant Governor’s Province or a Chief Commissioner’s Province;
Source: Section 3(45)- The General Clauses Act, 1897
- Provincial Act
- Shall mean an Act made by the Governor in Council, Lieutenant Governor in Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of India Act, 1915, or an Act made by the Local Legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935;
Source: Section 3(46) – The General Clauses Act, 1897
- Provincial Government
- Shall mean, as respects anything done before the commencement of the Constitution, the authority or person authorised at the relevant date to administer executive Government in the Province in question
Source: Section 3(47) – The General Clauses Act, 1897
- Public
- The word “public” includes any class of the public or any community.
Source: Section 12 – Chapter II – Indian Penal Code, 1860
- Public Company
- Means a company which—
(a) is not a private company;
(b) has a minimum paid-up share capital of five lakh rupees or such higher paid-up capital, as may be prescribed:
Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles.
Source: Section 2(71) – Chapter I – The Companies Act, 2013
- Public Financial Institution
- Means—
(i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956;
(ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 so repealed under section 465 of this Act;
(iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002;
(iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 so repealed under section 465 of this Act;
(v) such other institution as may be notified by the Central Government in consultation with Reserve Bank of India.
Provided that no institution shall be so notified unless—
(A) it has been established or constituted by or under any Central or State Act; or
(B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments.
Source: Section 2(72) – Chapter I – The Companies Act, 2013
- Public Officer
- It means a person falling under any of the following descriptions, namely :—
(a) every Judge;
(b) every member of an All-India Service;
(c) every commissioned or gazetted officer in the military [naval or air] forces of the Union while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty.
Source: Section 2(17), The Civil Procedure Code, 1908
- Public Place
- shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
Source: Section 2(50) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Public Place
- means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;
Source: Section 2(34) – Chapter I – The Motor Vehicles Act, 1988
- Public Prosecutor
- It means any person appointed under section 24, and includes any person
acting under the directions of a Public Prosecutor.
Source: Section 2(u), The Criminal Procedure Code, 1973
- Public Sector Company
- means any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
Source: Section 2(36-A) – Chapter I – Income Tax Act, 1961
- Public Servant
- “The words public servant denote a person falling under any of the descriptions hereinafter following, namely:
Second.Every Commissioned Officer in the Military, Naval or Air] Forces of India;
Third.Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
Fourth.Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties;
Fifth.Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;.
Sixth.Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
Seventh.Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eighth.Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government
Tenth.Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
Eleventh.Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
Twelfth.–Every person —
(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956). Illustration”
Source: Section 21 – Chapter II – Indian Penal Code, 1860
- Public Servant
- has the same meaning as in section 21 of the Indian Penal Code (45 of 1860);
Source: Section 2(37) – Chapter I – Income Tax Act, 1961
- Public Service Vehicle
- means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage;
Source: Section 2(35) – Chapter I – The Motor Vehicles Act, 1988
Q
- Qualified buyer
- means a financial institution, insurance company, bank, state financial corporation, state industrial development corporation trustee or asset reconstruction company which has been granted a certificate of registration under sub-section (4) of section 3 or any asset management company making investment on behalf of mutual fund] or a foreign institutional investor registered under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulations made thereunder, any category of non-institutional investors as may be specified by the Reserve Bank under sub-section (1) of section 7] or any other body corporate as may be specified by the Board
Source: Section 2(U) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Quality of goods
- quality of goods includes their state or condition
Source: Section 2.12, Preliminary- Sale of Goods Act
R
- Rate Or Rates In Force
- “in relation to an assessment year or financial year, mean-
(i) for the purposes of calculating income-tax under the first proviso to sub-section (5) of section 132, or computing the income-tax chargeable under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 or deducting income-tax under section 192 from income chargeable under the head “”salaries”” or computation of the “”advance tax”” payable under Chapter XVII-C] [in a case not falling under section 115-A or section 115-B or section 115-BB or section 115-BBB or section 115-E or section 164 or section 164-A or section 167-B,the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year, and for the purposes of computation of the “”advance tax”” payable under Chapter XVII-C in a case falling under section 115-A or section 115-B or section 115-BB or section 115-BBB or section 115-E or section 164 or section 164-A or section 167-B, the rate or rates specified in section 115-A or section 115-B or section 115-BB or section 115-BBB or section 115-E or section 164 or section 164-A or section 167-B, as the case may be, or the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year, whichever is applicable;
(ii) for the purposes of deduction of tax under sections 193, 194, 194-A, 194-B,194-BB and 194-D, the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year;
(iii) for the purposes of deduction of tax under section 194LBA or section 195, the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year or the rate or rates of income-tax specified in an agreement entered into by the Central Government under section 90 or an agreement notified by the Central Government under section 90-A, whichever is applicable by virtue of the provisions of section 90, or sections 90-A, as the case may be;”
Source: Section 2(37-A) – Chapter I – Income Tax Act, 1961
- Real Estate Agent
- means a real estate agent as defined in clause (88) of section 65 of the Finance Act, 1994;
Source: Section 2(va) – Chapter I – Prevention of Money Laundering Act, 2002
- Reason To Believe
- A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.
Source: Section 26 – Chapter II – Indian Penal Code, 1860
- Receipt
- Includes any note, memorandum or writing— (a) where by any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or (b) where by any other moveable property is acknowledged to have been received in satisfaction of a debt, or (c) where by any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or (d) which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person
Source: Section 2(23) – Chapter I – The Indian Stamp Act, 1899
- Receipt Of Written Communications:
- “(1) Unless otherwise agreed by the parties,?
(a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and
(b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.
(2) The communication is deemed to have been received on the day it is so delivered.
(3) This section does not apply to written communications in respect of proceedings of any judicial authority. “
Source: (Section 2(3), General Provisions˜ – Arbitration and Conciliation Act)
- Reciprocating Country
- means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Chapter;
Source: Section 145(f) – Chapter XI – The Motor Vehicles Act, 1988
- Recognised Provident Fund
- means a provident fund which has been and continues to be recognised by the Chief Commissioner or Commissioner in accordance with the rules contained in Part A of the Fourth Schedule, and includes a provident fund established under a scheme framed under the Employees’ Provident Funds Act, 1952 (19 of 1952);
Source: Section 2(38) – Chapter I – Income Tax Act, 1961
- Recognised Stock Exchange
- Means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956.
Source: Section 2(73) – Chapter I – The Companies Act, 2013
- Records
- include the records maintained in the form of books or stored in a computer or such other form as may be prescribed;
Source: Section 2(w) – Chapter I – Prevention of Money Laundering Act, 2002
- Recovery Officer
- Means a Recovery Officer appointed by the Central Government for each Tribunal under sub-section (1) of section 7
Source: Section 2(k) – Chapter I – The Recovery of Debt and Bankruptcy Act 1993
- Register of Companies
- Means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act.
Source: Section 2(74) – Chapter I – The Companies Act, 2013
- Registered
- with reference to child care institutions or agencies or facilities managed by the State Government, or a voluntary or non-governmental organisation, means observation homes, special homes, place of safety, children’s homes, open shelters or Specialised Adoption Agency or fit facility or any other institution that may come up in response to a particular need or agencies or facilities authorised and registered under section 41, for providing residential care to children, on a short-term or long-term basis;
Source: Section 2(51) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Registered
- Means registered in any part of the territories to which this Act extends under the laws for the time being in force regulating the registration of documents.
Source: Section 3 – Chapter 1 – The Transfer of Property Act, 1882
- Registered
- Used with reference to a document, shall mean registered in India under the Law for the time being in force for the registration of documents
Source: Section 3(49) – The General Clauses Act, 1897
- Registered Axle Weight
- means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle;
Source: Section 2(36) – Chapter I – The Motor Vehicles Act, 1988
- Registered Proprietor
- In relation to a trade mark means the person for the time being entered in the register as proprietor of the trade mark
Source: Section 2(v) – Chapter I – The Trade Marks Act, 1999
- Registered Proprietor
- In relation to a geographical indication, means any association of persons or of producers or any organisation for the time being entered in the register as proprietor of the geographical indication;
Source: Section 2(1)(n) – Chapter I -The Geographical Indication of Goods (Registration and Protection) Act, 1999
- Registered Trade Mark
- Means a trade mark which is actually on the register and remains in force;
Source: Section 2(w) – Chapter I – The Trade Marks Act, 1999
- Registering Authority
- means an authority empowered to register motor vehicles under Chapter IV;
Source: Section 37 – Chapter I – The Motor Vehicles Act, 1988
- Registrar
- means the Central Registrar appointed by the Central Government in relation to the multi-State co-operative societies and the Registrar for co-operative societies appointed by the State Government under the Law made by the Legislature of a State in relation to co-operative societies.
Source: (Article 243ZH (f), Part IXB – The Co-Operative Societies, The Constitution of India)
- Registrar
- Means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar, or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act.
Source: Section 2(75) – Chapter I – The Companies Act, 2013
- Regular Assessment
- means the assessment made under sub-section (3) of section 143 or section 144;
Source: Section 2(40) – Chapter I – Income Tax Act, 1961
- Regulation
- Shall mean a Regulation made by the President [under article 240 of the Constitution and shall include a Regulation made by the President under article 243 thereof and] a Regulation made by the Central Government under the Government of India Act, 1870, or the Government of India Act, 1915, or the Government of India Act, 1935
Source: Section3(50) – The General Clauses Act, 1897
- Regulations
- means the regulations made by the Authority.
Source: Section 2(j) – Chapter I – Insurance Regulatory and Development Authority of India Act, 1999
- Regulations
- in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent;
Source: Section 2(52) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Regulations
- It means regulations made under this Act.
Source: section 2(l) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Related Party
- “related party” with reference to a company means—
(i) a director or his relative;
(ii) a key managerial personnel or his relative;
(iii) a firm, in which a director, manager or his relative is a partner;
(iv) a private company in which a director or manager or his relative is a member or director;
(v) a public company in which a director or manager is a director and holds along with his relatives, more than two per cent. of its paid-up share capital;
(vi) any body corporate whose Board of Directors, Managing Director, or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager;
(vii) any person on whose advice, directions or instructions a director or manager is accustomed to act:
Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity;
(viii) any company which is—
(A) a holding, subsidiary or an associate company of such company;
or
(B) a subsidiary of a holding company to which it is also a subsidiary:
(ix) such other person as may be prescribed
Source: Section 2(76) – Chapter I – The Companies Act, 2013
- Relative
- in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual;
Source: Section 2(41) – Chapter I – Income Tax Act, 1961
- Relative
- “relative”, with reference to any person, means any one who is a related to another, if –
(i) they are members of a Hindu Undivided Family;
(ii) they are husband and wife; or
(iii) one person is related to the other in such manner as may be prescribed
Source: Section 2(77) – Chapter I – The Companies Act, 2013
- Relevant
- One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
Source: Section 3 – Chapter I – The Indian Evidence Act, 1872.
- Religious Institution
- “shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988). ?religious institution? means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known.”
Source: (Section 2 (1)(g) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Remuneration
- Means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961.
Source: Section 2(78) – Chapter I – The Companies Act, 2013
- Repatriate To India
- “means bringing into India the realised foreign exchange and–
(i) the selling of such foreign exchange to an authorised person in India in exchange for rupees, or
(ii) the holding of realised amount in an account with an authorised person in India to the extent notified by the Reserve Bank, and includes use of the realised amount for discharge of a debt or liability denominated in foreign exchange and the expression repatriation shall be construed accordingly;”
Sources: Section 2(y) – Chapter I – Foreign Exchange Management Act,1999
- Representative
- Includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.
Source: Section 2(10) – Chapter I – The Registration Act, 1908
- Research
- It means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use.
Source: section 2(m) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Reserve Bank
- Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934).
Source: (Section 2(ha), Securities and Exchange Board of India Act, 1992)
- Residence Order
- means an order granted in terms of sub-section (1) of section 19;
Source: Section 2(p) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Resident
- means a person who is resident in India within the meaning of section 6;
Source: Section 2(42) – Chapter I – Income Tax Act, 1961
- Resolution applicant
- Means a person, who individually or jointly with any other person, submits a resolution plan to the resolution professional pursuant to the invitation made under clause (h) of sub-section (2) of section 25] or pursuant to section 54K, as the case may be.
Source: Section 5(25) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Resolution plan
- Means a plan proposed by resolution applicant for insolvency resolution of the corporate debtor as a going concern in accordance with Part II;
Source: Section 5(26) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Resolution professional
- For the purposes of this Part, means an insolvency professional appointed to conduct the corporate insolvency resolution process [or the pre-packaged insolvency resolution process, as the case may be,] and includes an interim resolution professional; and
Source: Section 5(27) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
- Respondent
- “means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;”
Source: Section 2(q) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Restoration And Protection Of A Child
- “means restoration to:
(a) parents;
(b) adoptive parents;
(c) foster parents;
(d) guardian; or
(e) fit person”
Source: Section 40 – Explanation – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Resulting Company
- means one or more companies (including a wholly owned subsidiary thereof) to which the undertaking of the demerged company is transferred in a demerger and, the resulting company in consideration of such transfer of undertaking, issues shares to the shareholders of the demerged company and includes any authority or body or local authority or public sector company or a company established, constituted or formed as a result of demerger;
Source: Section 2(41-A) – Chapter I – Income Tax Act, 1961
- Revenue-Officer
- “Revenue-officer in this section means any officer employed in or about the business of any branch of the public revenue.”
Source: Section 125 – Chapter IX – The Indian Evidence Act, 1872.
- Rights
- the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, 2 [raiyat, under-raiyat]or other intermediary and any rights or privileges in respect of land revenue.]
Source: (Article 31A(2)(a), Part III – Fundamental Rights, The Constitution of India)
- Road Transport Service
- means a service of motor vehicles carrying passengers or goods or both by road for hire or reward.
Source: Section 96 – Chapter VI – The Motor Vehicles Act, 1988
- Road Transport Service
- means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;
Source: Section 2(42) , Explanation – Chapter I – The Motor Vehicles Act, 1988
- Route
- means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another;
Source: Section 2(38) – Chapter I – The Motor Vehicles Act, 1988
- Royalty
- “means consideration (including any lump sum consideration but excluding any consideration which would be the income of the recipient chargeable under the head “”Capital gains””) for- (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property;
(ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade-mark or similar property;
(iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property;
(iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill;
(iv-a) the use or right to use, any industrial, commercial or scientific equipment but not including the amounts referred to in section 44-BB;
(v) the transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting, but not including consideration for the sale, distribution or exhibition of cinematographic films; or
(vi) the rendering of any services in connection with the activities referred to in sub-clauses (i) to (iv), (iva) and (v)”
Source: Section 9(vi) Explanation 2 – Chapter II – Income Tax Act, 1961
- Rule
- Shall mean a rule made in exercise of a power conferred by any enactment, and shall include a Regulation made as a rule under any enactment.
Source: Section 3(51) – The General Clauses Act, 1897
- Rules
- It means rules and forms contained in the First Schedule or made under section 122 or section 125.
Source: Section 2(18), The Civil Procedure Code, 1908
S
- Sale
- Is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Source: Section 54 – Chapter III – The Transfer of Property Act, 1882
- Schedule
- means the Schedule to this Act;
Source: Section 2(x) – Chapter I – Prevention of Money Laundering Act, 2002
- Schedule
- Means a Schedule annexed to this Act.
Source: Section 2(79) – Chapter I – The Companies Act, 2013
- Schedule
- It means Schedules I, II and III appended to this Act.
Source: section 2(l) – chapter 1 – National Green Tribunal Act, 2010
- Scheduled Areas
- It means the Scheduled Areas referred to in clause (l) of article 244 of the constitution.
Source: section 2(m) – chapter 1 – Forest Rights Act, 2006
- Scheduled Bank
- Means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934.
Source: Section 2(80) – Chapter I – The Companies Act, 2013
- Scheduled Offence
- “means–
(i) the offences specified under Part A of the Schedule; or
(ii) the offences specified under Part B of the Schedule if the total value involved in such offences is 19[one crore rupees or more; or
(iii) the offences specified under Part C of the Schedule.”
Source: Section 2(y) – Chapter I – Prevention of Money Laundering Act, 2002
- Scheme
- means a scheme framed under this Act;
Source: Section 2(38A) – Chapter I – The Motor Vehicles Act, 1988
- Scheme
- Means a scheme inviting subscription to security receipts proposed to be issued by a asset reconstruction company] under that scheme;
Source: Section 2(y) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Secondary Evidence
- “Secondary evidence means and includes ––
(1) certified copies given under the provisions hereinafter contained;
(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a document given by some person who has himself seen it”
Source: Section 63 – Chapter V – The Indian Evidence Act, 1872.
- Section
- The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
Source: Section 50 – Chapter II – Indian Penal Code, 1860
- Secured Loan or Advance
- Means a loan or advance made on the security of assets the market value of which is not at any time less than the amount of such loan or advance; and unsecured loan or advance means a loan or advance not so secured.
Source: Section 5(n) – Part I – The Banking Regulation Act, 1949
- Secured asset
- means the property on which security interest is created
Source: Section 2(zc) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Secured creditor
- means—
(i) any bank or financial institution or any consortium or group of banks or financial institutions holding any right, title or interest upon any tangible asset or intangible asset as specified in clause (l);
(ii) debenture trustee appointed by any bank or financial institution; or
(iii) an asset reconstruction company whether acting as such or managing a trust set up by such asset reconstruction company for the securitisation or reconstruction, as the case may be; or
(iv) debenture trustee registered with 5[the Board and appointed] for secured debt securities; or
(v) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created by any borrower for due repayment of any financial assistance.
Source: Section 2(zd) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Secured creditor
- Means a creditor in favour of whom security interest is created.
Source: Section 3(30) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Secured debt
- means a debt which is secured by any security interest;
Source: Section 2(ze) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Securities
- Means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956
Source: Section 2(81) – Chapter I – The Companies Act, 2013
- Securities and Exchange Board
- Means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992.
Source: Section 2(82) – Chapter I – The Companies Act, 2013
- Securitisation
- means acquisition of financial assets by any asset reconstruction company from any originator, whether by raising of funds by such asset reconstruction company from qualified buyers] by issue of security receipts representing undivided interest in such financial assets or otherwise;
Source: Section 2(z) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Security
- means shares, stocks, bonds and debentures, Government securities as defined in the Public Debt Act, 1944 (18 of 1944), savings certificates to which the Government Savings Certificates Act, 1959 (46 of 1959) applies, deposit receipts in respect of deposits of securities and units of the Unit Trust of India established under sub-section (1) of section 3 of the Unit Trust of India Act, 1963 (52 of 1963)* or of any mutual fund and includes certificates of title to securities, but does not include bills of exchange or promissory notes other than Government promissory notes or any other instruments which may be notified by the Reserve Bank as security for the purposes of this Act;
Sources: Section 2(za) – Chapter I – Foreign Exchange Management Act,1999
- Security agreement
- means an agreement, instrument or any other document or arrangement under which security interest is created in favour of the secured creditor including the creation of mortgage by deposit of title deeds with the secured creditor.
Source: Section 2(zb) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Security interest
- means right, title or interest of any kind, other than those specified in
section 31, upon property created in favour of any secured creditor and includes—
(i) any mortgage, charge, hypothecation, assignment or any right, title or interest of any kind, on tangible asset, retained by the secured creditor as an owner of the property, given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or credit provided to enable the borrower to acquire the tangible asset; or
(ii) such right, title or interest in any intangible asset or assignment or licence of such intangible asset which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit provided to enable the borrower to acquire the intangible asset or licence of intangible asset
Source: Section 2(zf) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Security interest
- Means mortgage, charge, hypothecation, assignment or any other right, title or interest of any kind whatsoever upon property, created in favour of any bank or financial institution and includes—
(a) such right, title or interest upon tangible asset, retained by the bank or financial institution as owner of the property, given on hire or financial lease or conditional sale which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or any credit provided to enable the borrower to acquire the tangible asset; or
(b) such right, title or interest in any intangible asset or licence of any intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit extended to enable the borrower to acquire the intangible asset or licence of intangible asset
Source: Section 2(lb) – Chapter I – The Recovery of Debt and Bankruptcy Act 1993
- Security interest
- Means right, title or interest or a claim to property, created in favour of, or provided for a secured creditor by a transaction which secures payment or performance of an obligation and includes mortgage, charge, hypothecation, assignment and encumbrance or any other agreement or arrangement securing payment or performance of any obligation of any person: Provided that security interest shall not include a performance guarantee;
Source: Section 3(31) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Security receipt
- means a receipt or other security, issued by a asset reconstruction company] to any qualified buyer pursuant to a scheme, evidencing the purchase or acquisition by the holder thereof, of an undivided right, title or interest in the financial asset involved in securitisation.
Source: Section 2(zg) – Chapter II – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
- Sedition
- Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Source: Section 124A – Chapter VI – Indian Penal Code, 1860
- Seller
- a person who sells or agrees to sell goods
Source: Section 2.13, Preliminary- Sale of Goods Act
- Semi-Trailer
- means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;
Source: Section 2(39) – Chapter I – The Motor Vehicles Act, 1988
- Serious Fraud Investigation Office
- Means the office referred to in section 211.
Source: Section 2(83) – Chapter I – The Companies Act, 2013
- Serious Offences
- includes the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment between three to seven years;
Source: Section 2(54) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Servant Of Government
- The words “servant of Government” denote any officer or servant servant continued, appointed or employed in India by or under the authority of Government.
Source: Section 14 – Chapter II – Indian Penal Code, 1860
- Service
- means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, medical assistance, legal assistance, chit fund, real estate, transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
Source: Section 2(zb) – Chapter I – Foreign Exchange Management Act,1999
- Service
- Means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
Source: Section 2(z) – Chapter I – The Trade Marks Act, 1999
- Service Provider
- means an entity registered under sub-section (1) of section 10;
Source: Section 2(r) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Settlement
- Means any non-testamentary disposition, in writing, of moveable or immovable property made— (a) in consideration of marriage, (b) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or (c) for any religious or charitable purpose; and includes an agreement in writing to make such a disposition and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition
Source: Section 2(24) – Chapter I – The Indian Stamp Act, 1899
- Sexual Abuse
- For the purposes of this section, includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman.
Source: Section 3, Explanation I(ii) – Chapter II – The Protection of Women from Domestic Violence Act, 2005
- Sexual Assault
- has the same meaning as assigned to it in section 7;
Source: (Section 2 (1)(i) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Sexual Assault
- Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Source: (Section 7 – Chapter II – The Protection of Children from Sexual Offences Act, 2012)
- Sexual Harassment
- has the same meaning as assigned to it in section 11;
Source: (Section 2 (1)(j) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Sexual Harassment
- “A person is said to commit sexual harassment upon a child when such person with sexual intent,
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part ofÿbody with the intention that such word or sound shall be heard, or such gesture or object or part ofÿbody shall be seen by the child; orÿ
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or anyÿother person; orÿ
(iii) shows any object to a child in any form or media for pornographic purposes; orÿ”
Source: (Section 11 – Chapter II – The Protection of Children from Sexual Offences Act, 2012)
- Shall Presume
- Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.
Source: Section 4 – Chapter I – The Indian Evidence Act, 1872.
- Share
- Means a share in the share capital of a company and includes stock.
Source: Section 2(84) – Chapter I – The Companies Act, 2013
- Share in a corporation
- It shall be deemed to include stock, debenture stock, debentures or bonds.
Source: Section 2(19), The Civil Procedure Code, 1908
- Shared Household
- means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;
Source: Section 2(s) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Shared Household
- ” means a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child;”
Source: (Section 2 (1)(k) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Shelter Home
- means any shelter home as may be notified by the State Government to be as shelter home for the purposes of this Act.
Source: Section 2(t) – Chapter I – The Protection of Women from Domestic Violence Act, 2005
- Short-Term Capital Asset
- “means a capital asset held by an assessee for not more than thirty-six months immediately preceding the date of its transfer: Provided that in the case of a share held in a company or any other security listed in a recognised stock exchange in India or a unit of the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963) or a unit of a Mutual Fund specified under clause (23-D) of section 10,or a zero coupon bond the provisions of this clause shall have effect as if for the words “”thirty-six months””, the words “”twelve months”” had been substituted.
Explanation 1 – (i) In determining the period for which any capital asset is held by the assessee-
(a) in the case of a share held in a company in liquidation, there shall be excluded the period subsequent to the date on which the company goes into liquidation;
(b) in the case of a capital asset which becomes the property of the assessee in the circumstances mentioned in [sub-section (1)] of section 49, there shall be included the period for which the asset was held by the previous owner referred to in the said section;
(ba) in the case of a capital asset referred to in clause (via) of section 28, the period shall be reckoned from the date of its conversion or treatment;
(c) in the case of a capital asset being a share or shares in an Indian company, which becomes the property of the assessee in consideration of a transfer referred to in clause (vii) of section 47, there shall be included the period for which the share or shares in the amalgamating company were held by the assessee;
(d) in the case of a capital asset, being a share or any other security (hereafter in this clause referred to as the financial asset) subscribed to by the assessee on the basis of his right to subscribe to such financial asset or subscribed to by the person in whose favour the assessee has renounced his right to subscribe to such financial asset, the period shall be reckoned from the date of allotment of such financial asset;
(e) in the case of a capital asset, being the right to subscribe to any financial asset, which is renounced in favour of any other person, the period shall be reckoned from the date of the offer of such right by the company or institution, as the case may be, making such offer;
(f) in the case of a capital asset, being a financial asset, allotted without any payment and on the basis of holding of any other financial asset, the period shall be reckoned from the date of the allotment of such financial asset;
(g) in the case of a capital asset, being a share or shares in an Indian company, which becomes the property of the assessee in consideration of a demerger, there shall be included the period for which the share or shares held in the demerged company were held by the assessee;
(h) in the case of a capital asset, being trading or clearing rights of a recognised stock exchange in India acquired by a person pursuant to demutualisation or corporatisation of the recognised stock exchange in India as referred to in clause (xiii) of section 47, there shall be included the period for which the person was a member of the recognised stock exchange in India immediately prior to such demutualisation or corporatisation;
(ha) in the case of a capital asset, being equity share or shares in a company allotted pursuant to demutualisation or corporatisation of a recognised stock exchange in India as referred to in clause (xiii) of section 47, there shall be included the period for which the person was a member of the recognised stock exchange in India immediately prior to such demutualisation or corporatisation;
(hb) in the case of a capital asset, being any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer free of cost or at concessional rate to his employees (including former employee or employees), the period shall be reckoned from the date of allotment or transfer of such specified security or sweat equity shares;
(hc) in the case of a capital asset, being a unit of a business trust, allotted pursuant to transfer of share or shares as referred to in clause (xvii) of section 47, there shall be included the period for which the share or shares were held by the assessee;
(hd) in the case of a capital asset, being a unit or units, which becomes the property of the assessee in consideration of a transfer referred to in clause (xviii) of section 47, there shall be included the period for which the unit or units in the consolidating scheme of the mutual fund were held by the assessee;
(he) in the case of a capital asset, being share or shares of a company, which is acquired by the non-resident assessee on redemption of Global Depository Receipts referred to in clause (b) of sub-section (1) of section 115AC held by such assessee, the period shall be reckoned from the date on which a request for such redemption was made;
(ii) in respect of capital assets other than those mentioned in clause (i), the period for which any capital asset is held by the assessee shall be determined subject to any rules which the Board may make in this behalf.
Explanation 2. – For the purposes of this clause, the expression “”security”” shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).
Explanation 3. – For the purposes of this clause, the expressions “”specified security”” and “”sweat equity shares”” shall have the meanings respectively assigned to them in the Explanation to clause (d) of sub-section (1) of section 115-WB;
Explanation 4. – For the purposes of this clause, the expression “”equity oriented fund”” shall have the meaning assigned to it in [clause (a) of the Explanation to section 112A”
Source: Section 2(42-A) – Chapter I – Income Tax Act, 1961
- Short-Term Capital Gain
- means capital gain arising from the transfer of a short-term capital asset;
Source: Section 2(42-B) – Chapter I – Income Tax Act, 1961
- Signed
- It save in the case of a judgment or decree, includes stamped.
Source: Section 2(20), The Civil Procedure Code, 1908
- Significant Economic Presence
- “for this purpose, shall mean –
(a) transaction in respect of any goods, services or property carried out by a non-resident in India including provision of download of data or software in India, if the aggregate of payments arising from such transaction or transactions during the previous year exceeds such amount as may be prescribed; or
(b) systematic and continuous soliciting of business activities or engaging in interaction with such number of users as may be prescribed, in India through digital means: Provided that the transactions or activities shall constitute significant economic presence in India, whether or not,-
(i) the agreement for such transactions or activities is entered in India;
(ii) the non-resident has a residence or place of business in India; or
(iii) the non-resident renders services in India: Provided further that only so much of income as is attributable to the transactions or activities referred to in clause (a) or clause (b) shall be deemed to accrue or arise in India.”
Source: Section 9, Explanation 2A – Chapter II – Income Tax Act, 1961
- Simple mortgage
- Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
Source: Section 58(b) – Chapter IV – The Transfer of Property Act, 1882
- Slump Sale
- ” means the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such sales.
Explanation 1. – For the purposes of this clause, “”undertaking”” shall have the meaning assigned to it in Explanation 1 to clause (19-AA).
Explanation 2. – For the removal of doubts, it is hereby declared that the determination of the value of an asset or liability for the sole purpose of payment of stamp duty, registration fees or other similar taxes or fees shall not be regarded as assignment of values to individual assets or liabilities;”
Source: Section 2(42-C) – Chapter I – Income Tax Act, 1961
- Small Company
- Means a company, other than a public company,—
(i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than five crore rupees; or
(ii) turnover of which as per its last profit and loss account does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than twenty crore rupees:
Provided that nothing in this section shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act
Source: Section 2(85) – Chapter I – The Companies Act, 2013
- Small Industries Bank Concern
- Mean an industrial concern in which the investment in plant and machinery is not in excess of seven and a half lakhs of rupees or such higher amount, not exceeding twenty lakhs of rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, having regard to the trends in industrial development and other relevant factors.
Source: Section 5(na) – Part I – The Banking Regulation Act, 1949
- Small Limited Liability Partnership
- Means a limited liability partnership–
(i) the contribution of which, does not exceed twenty-five lakh rupees or such higher amount, not exceeding five crore rupees, as may be prescribed; and
(ii) the turnover of which, as per the Statement of Accounts and Solvency for the immediately preceding financial year, does not exceed forty lakh rupees or such higher amount, not exceeding fifty crore rupees, as may be prescribed; or
(iii) which meets such other requirements as may be prescribed, and fulfils such terms and conditions as may be prescribed
Source: Section 2(ta) – Chapter I – The Limited Liability Partnership Act, 2008
- Special Court
- means a court designated as such under section 28
Source: (Section 2 (1)(l) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Special Court
- means a Court of Session designated as Special Court under sub-section (1) of section 43;
Source: Section 2(z) – Chapter I – Prevention of Money Laundering Act, 2002
- Special Director (Appeals)
- means an officer appointed under 3 [section 17];
Source: Section 2(zc) – Chapter I – Foreign Exchange Management Act,1999
- Special Home
- means an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 48, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the Board;
Source: Section 2(56) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Special Juvenile Police Unit
- means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 107;
Source: Section 2(55) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Special Law
- A “special law” is a law applicable to a particular subject.
Source: Section 41 – Chapter II – Indian Penal Code, 1860
- Special Public Prosecutor
- means a Public Prosecutor appointed under section 32
Source: (Section 2 (1)(m) – Preliminary – The Protection of Children from Sexual Offences Act, 2012)
- Special Public Prosecutor
- “(1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974)and provision of that Code shall have effect accordingly. “
Source: (Section 32 – Chapter VII – The Protection of Children from Sexual Offences Act, 2012)
- Specialised Adoption Agency
- means an institution established by the State Government or by a voluntary or non-governmental organisation and recognised under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption;
Source: Section 2(57) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Specific Goods
- goods identified and agreed upon at the time a contract of sale is made.
Source: Section 2.14, Preliminary- Sale of Goods Act
- Specified Date
- “means the –
(i) date on which the accounting period of the company or, as the case may be, the entity ends preceding the date of transfer of a share or an interest; or
(ii) date of transfer, if the book value of the assets of the company or, as the case may be, the entity on the date of transfer exceeds the book value of the assets as on the date referred to in sub-clause (i), by fifteen per cent.”
Source: Section 9, Explanation 6(d) – Chapter II – Income Tax Act, 1961
- Specified Fund
- “For the purposes of this clause, specified fund means a fund established or incorporated in India in the form of a trust or a company or a limited liability partnership or a body corporate,-
(i) which has been granted a certificate of registration as a Category III Alternative Investment Fund and is regulated under the Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992;
(ii) which is located in any International Financial Services Centre;
(iii) of which all the units are held by non-residents other than unit held by a sponsor or manager;”
Source: Section 10(4D) Explantion c – Chapter III – Income Tax Act, 1961
- Specified Regulations
- means the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993 or the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, or such other regulations made under the Securities and Exchange Board of India Act, 1992, which may be notified by the Central Government under this clause.
Source: Section 9A(9)(e)- Chapter II – Income Tax Act, 1961
- Specified Transaction
- “For the purposes of this section, specified transaction means— (a) any withdrawal or deposit in cash, exceeding such amount; (b) any transaction in foreign exchange, exceeding such amount; (c) any transaction in any high value imports or remittances; (d) such other transaction or class of transactions, in the interest of revenue or where there is a high risk or money-laundering or terrorist financing, as may be prescribed.”
Source: Section 12AA , Explanation – Chapter I – Prevention of Money Laundering Act, 2002
- Specify
- means to specify by regulations made under this Act and the expression specified shall be construed accordingly;
Source: Section 2(zd) – Chapter I – Foreign Exchange Management Act,1999
- Sponsor
- For the purposes of this clause, “sponsor” shall have the meaning assigned to it in clause (w) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992;
Source: Section 10(4D) Explantion d – Chapter III – Income Tax Act, 1961
- Sponsorship
- means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child;
Source: Section 2(58) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Stage Carriage
- means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey;
Source: Section 2(40) – Chapter I – The Motor Vehicles Act, 1988
- Stamp
- Means any mark, seal or endorsement by any agency or person duly authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of duty chargeable under this Act
Source: Section 2(26) – Chapter I – The Indian Stamp Act, 1899
- State
- In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Source: (Article 12, Part III – Fundamental Rights, The Constitution of India). – has been reiterated in other articles as well.
- State
- (a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and (b) as respects any period after such commencement, shall mean a State specified in the First Schedule to the Constitution and shall include a Union territory;]
Source: Section 3(58) – The General Clauses Act, 1897
- State Act
- Shall mean an Act passed by the Legislature of a State established or continued by the Constitution;
Source: Section 3(59) – The General Clauses Act, 1897
- State Biodiversity Board
- It means the State Biodiversity Board established under section 22.
Source: section 2(n) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- State Board
- “(i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State [State Pollution Control Board] under section 4 of that Act, the said State Board; and (
ii) in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. “
Source: (Section 2(o), Preliminary – Air (Prevention and Control of Pollution) Act).
- State Government
- (a) as respects anything done before the commencement of the Constitution, shall mean, in a Part A State, the Provincial Government of the corresponding Province, in a Part B State, the authority or person authorized at the relevant date to exercise executive government in the corresponding Acceding State, and in a Part C State, the Central Government; (b) as respects anything done [after the commencement of the Constitution and before the commencement of the Constitution (Seventh Amendment) Act, 1956] , shall mean, in a Part A State, the Governor, in a Part B State, the Rajpramukh, and in a Part C State, the Central Government; (c) as respects anything done or to be done after the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean, in a State, the Governor, and in a Union territory, the Central Government; and shall, in relation to functions entrusted under article 258A of the Constitution to the Government of India, include the Central Government acting within the scope of the authority given to it under that article
Source: Section 3(60) – The General Clauses Act, 1897
- State Level Co-operative Society
- means a co-operative society having its area of operation extending to the whole of a State and defined as such in any law made by the Legislature of a State.
Source: (Article 243ZH (h), Part IXB – The Co-Operative Societies, The Constitution of India
- State Transport Undertaking
- “means any undertaking providing road transport service, where such undertaking is carried on by,–
(i) the Central Government or a State Government;
(ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950);
(iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments;
(iv) Zilla Parishad or any other similar local authority.”
Source: Section 2(42) – Chapter I – The Motor Vehicles Act, 1988
- Sub-division
- It means a sub-division of a district.
Source: Section 2(v), The Criminal Procedure Code, 1973
- Subrogation
- Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full.
Source: Section 92 – Chapter IV – The Transfer of Property Act, 1882
- Subscribed Capital
- Means such part of the capital which is for the time being subscribed by the members of a company.
Source: Section 2(86) – Chapter I – The Companies Act, 2013
- Subsidiary Company or Subsidiary
- “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company—
(i) controls the composition of the Board of Directors; or
(ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation .—For the purposes of this Section,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company;
(b) the composition of a company‘s Board of directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors;
(c) the expression “company” includes any body corporate;
(d) “layer” in relation to a holding company means its subsidiary or subsidiaries.
Source: Section 2(87) – Chapter I – The Companies Act, 2013
- Substantial Interest
- (i) in relation to a company, means the holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together in the shares thereof, the amount paid-up on which exceeds five lakhs of rupees or ten per cent. of the paid-up capital of the company, whichever is less;
(ii) in relation to a firm, means the beneficial interest held therein by an individual or his spouse or minor child, whether singly or taken together, which represents more than ten per cent. of the total capital subscribed by all the partners of the said firm
Source: Section 5(ne) – Part I – The Banking Regulation Act, 1949
- Substantial Question Relating to Environment
- “substantial question relating to environment” shall include an instance where,—
(i) there is a direct violation of a specific statutory environmental obligation by a person by which,—
(A) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or (
B) the gravity of damage to the environment or property is substantial; or
(C) the damage to public health is broadly measurable;
(ii) the environmental consequences relate to a specific activity or a point source of pollution.
Source: section 2(m) – chapter 1 – National Green Tribunal Act, 2010.
- Suit
- Does not include an appeal or an application;
Source: Section 2(l) – Part I – The Limitation Act, 1963
- Summons-case
- It means a case relating to an offence, and not being a warrant-case.
Source: Section 2(w), The Criminal Procedure Code, 1973
- Surrendered Child
- means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee;
Source: Section 2(60) – Chapter 1 – The Juvenile Justice (Care and Protection of Chldren) Act – 2015
- Sustainable Use
- It means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations.
Source: section 2(o) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Sustainable use
- It shall have the same meaning as assigned to it in clause (o) of section 2 of the Biological Diversity Act, 2002.
Source: section 2(n) – chapter 1 – Forest Rights Act, 2006
- Sweat Equity Shares
- Means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called.
Source: Section 2(88) – Chapter I – The Companies Act, 2013
T
- Tax
- in relation to the assessment year commencing on the 1st day of April, 1965, and any subsequent assessment year means income-tax chargeable under the provisions of this Act, and in relation to any other assessment year income-tax and super-tax chargeable under the provisions of this Act prior to the aforesaid date [and in relation to the assessment year commencing on the 1st day of April, 2006, and any subsequent assessment year includes the fringe benefit tax payable under section 115-WA
Source: Section 2(43) – Chapter I – Income Tax Act, 1961
- Tax Credit Certificate
- means a tax credit certificate granted to any person in accordance with the provisions of Chapter XXII-B and any scheme made thereunder;
Source: Section 2(43-A) – Chapter I – Income Tax Act, 1961
- Tax Recovery Officer
- means any Income-tax Officer who may be authorised by the Chief Commissioner or Commissioner, by general or special order in writing, to exercise the powers of a Tax Recovery Officer and also to exercise or perform such powers and functions which are conferred on, or assigned to, an Assessing Officer under this Act and which may be prescribed
Source: Section 2(44) – Chapter I – Income Tax Act, 1961
- Testing Agency
- means any entity designated as a testing agency under section 110B;
Source: Section 2(42A) – Chapter I – The Motor Vehicles Act, 1988
- Tort
- Means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;
Source: Section 2(m) – Part I – The Limitation Act, 1963
- Total Income
- means the total amount of income referred to in section 5, computed in the manner laid down in this Act;
Source: Section 2(45) – Chapter I – Income Tax Act, 1961
- Total Voting Power
- Means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof having a right to vote on that matter are present at the meeting and cast their votes.
Source: Section 2(89) – Chapter I – The Companies Act, 2013
- Tourist Vehicle
- means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf;
Source: Section 2(43) – Chapter I – The Motor Vehicles Act, 1988
- Tracing
- means determining the nature, source, disposition, movement, title or ownership of property.
Source: Section 55(c) – Chapter IX – Prevention of Money Laundering Act, 2002
- Tractor
- means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller;
Source: Section 2(44) – Chapter I – The Motor Vehicles Act, 1988
- Trade Description
- means any description, statement or other indication, direct or indirect–,
(i) as to the number, quantity, measure, gauge or weight of any goods; or
(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or
(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being drug as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or food as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954); or
(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or
(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or
(vi) as to the mode of manufacture or producing any goods or providing services; or
(vii) as to the material of which any goods are composed; or
(viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes–
(a) any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;
(b) the description as to any imported goods contained in any bill of entry or shipping bill;
(c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;
Source: Section 2(za) – Chapter I – The Trade Marks Act, 1999
- Trade Mark
- Means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and–
(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;
Source: Section 2(zb) – Chapter I – The Trade Marks Act, 1999
- Traffic Signs
- includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles;
Source: Section 2(45) – Chapter I – The Motor Vehicles Act, 1988
- Trailer
- means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle;
Source: Section 2(46) – Chapter I – The Motor Vehicles Act, 1988
- Transaction
- Includes a agreement or arrangement in writing for the transfer of assets, or funds, goods or services, from or to the corporate debtor
Source: Section 3(33) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Transfer
- includes sale, purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien;
Source: Section 2(za) – Chapter I – Prevention of Money Laundering Act, 2002
- Transfer
- includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien.
Source: Section 2(ze) – Chapter I – Foreign Exchange Management Act,1999
- Transfer
- “in relation to a capital asset, includes,-
(i) the sale, exchange or relinquishment of the asset; or
(ii) the extinguishment of any rights therein; or
(iii) the compulsory acquisition thereof under any law; or
(iv) in a case where the asset is converted by the owner thereof into, or is treated by him as, stock-in-trade of a business carried on by him, such conversion or treatment; or
(iv-a) the maturity or redemption of a zero coupon bond; or
(v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53-A of the Transfer of Property Act, 1882 (4 of 1882); or
(vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever) which has the effect of transferring, or enabling the enjoyment of, any immovable property.
Explanation. – For the purposes of sub-clauses (v) and (vi), “”immovable property”” shall have the same meaning as in clause (d) of section 269-UA;”
Source: Section 2(47) – Chapter I – Income Tax Act, 1961
- Transfer
- Includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien
Source: Section 3(34) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Transfer of property
- Means an act by. which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or it himself] and one or more other living persons; and “to transfer property” is to perform such act. In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to the transfer of property to or by companies, associations, or bodies of individuals.
Source: Section 5 – Chapter II – The Transfer of Property Act, 1882
- Transfer of property
- Means transfer of any property and includes a transfer of any interest in the property and creation of any charge upon such property.
Source: Section 3(35) – Part I – The Insolvency and Bankruptcy Code (IBC), 2016
- Transmission
- Means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;
Source: Section 2(zc) – Chapter I – The Trade Marks Act, 1999
- Transport Vehicle
- means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;
Source: Section 2(47) – Chapter I – The Motor Vehicles Act, 1988
- Treating
- Treating means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
Source: Section 171E, Explanation – Chapter IXA – Indian Penal Code, 1860
- Tribunal
- Means the National Company Law Tribunal constituted under section 408.
Source: Section 2(90) – Chapter I – The Companies Act, 2013
- Tribunal
- It means the National Green Tribunal established under section 3, section 3 states that – The Central Government shall, by notification, establish, with effect from such date as may be specified therein, a Tribunal to be known as the National Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.
Source: section 2(n) – chapter 1, section 3 – chapter 2 – National Green Tribunal Act, 2010
- Trip
- “For the purposes of this section, section 72, section 80 and section 102, “trip” means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;”
Source: Section 70, Explanation – Chapter V – The Motor Vehicles Act, 1988
- True and First Inventor
- Does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
Source: Section 2(1)(y) – Chapter I -The Patents Act, 1970
- Trust
- For the purposes of this clause, “trust” means a trust established under the Indian Trusts Act, 1882 or under any other law for the time being in force;
Source: Section 10(4D) Explantion e – Chapter III – Income Tax Act, 1961
- Trustee
- Does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in wrongful possession without title.
Source: Section 2(n) – Part I – The Limitation Act, 1963
- Turnover
- Means the aggregate value of the realisation of amount made from the sale, supply or distribution of goods or on account of services rendered, or both, by the company during a financial year.
Source: Section 2(91) – Chapter I – The Companies Act, 2013
U
- Unit
- For the purposes of this clause, “unit” means beneficial interest of an investor in the fund and shall include shares or partnership interest;
Source: Section 10(4D) Explantion f- Chapter III – Income Tax Act, 1961
- Universal donee
- Subject to the provisions of section 127, where a gift consists of the donor’s whole property, the done is personally liable for all the debts due by and liabilities of the donor at the time of the gift to the extent of the property comprised therein.
Source: Section 128 – Chapter VII – The Transfer of Property Act, 1882
- Unladen Weight
- means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;
Source: Section 2(48) – Chapter I – The Motor Vehicles Act, 1988
- Unlimited Company
- Means a company not having any limit on the liability of its members.
Source: Section 2(92) – Chapter I – The Companies Act, 2013
- Usufructuary mortgage
- Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.
Source: Section 58(d) – Chapter IV – The Transfer of Property Act, 1882
V
- Valuable Security
- The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Source: Section 30 – Chapter II – Indian Penal Code, 1860
- Value
- “means the fair market value of any property on the date of its acquisition by any person, or if such date cannot be determined, the date on which such property is possessed by such person. (2) Any reference, in this Act or the Schedule, to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provisions of the corresponding law, if any, in force in that area. “
Source: Section 2(zb) – Chapter I – Prevention of Money Laundering Act, 2002
- Value Added Products
- It means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form.
Source: section 2(p) – chapter 1 – THE BIOLOGICAL DIVERSITY ACT, 2002
- Verbal And Emotional Abuse
- “For the purposes of this section, includes:
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested;”
Source: Section 3, Explanation I(iii) – Chapter II – The Protection of Women from Domestic Violence Act, 2005
- Vessel
- The word “vessel” denotes anything made for the conveyance by water of human beings or of property.
Source: Section 48 – Chapter II – Indian Penal Code, 1860
- Vested interest
- Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer.
Source: Section 19 – Chapter II – The Transfer of Property Act, 1882
- Victim
- It means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or
her guardian or legal heir.
Source: Section 2(wa), The Criminal Procedure Code, 1973
- Village
- means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified
Source: (Article 243(g), Part IX – The Panchayats, The Constitution of India).
- Village
- It means – (i) a village referred to in clause (b) of section 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996; or
(ii) any area referred to as a village in any State law relating to Panchayats other than the Scheduled Areas; or (
iii) forest villages, old habitation or settlements and unsurveyed villages, whether notified as village or not; or
(iv) in the case of States where there are no Panchayats, the traditional village, by whatever name called.
Source: section 2(p) – chapter 1 – Forest Rights Act, 2006
- Voluntarily
- A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Source: Section 39 – Chapter II – Indian Penal Code, 1860
- Voting Right
- Means the right of a member of a company to vote in any meeting of the company or by means of postal ballot.
Source: Section 2(93) – Chapter I – The Companies Act, 2013
- Voting share
- Means the share of the voting rights of a single financial creditor in the committee of creditors which is based on the proportion of the financial debt owed to such financial creditor in relation to the financial debt owed by the corporate debtor.
Source: Section 5(28) – Part II – Chapter I – The Insolvency and Bankruptcy Code (IBC), 2016
W
- Waiver Of Right To Object:
- A party who knows that
(a) any provision of this Part from which the parties may derogate, or
(b) any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object.
Source: (Section 2(4), General Provisionsÿ – Arbitration and Conciliation Act)
- Warrant-case
- It means a case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding two years.
Source: Section 2(x), The Criminal Procedure Code, 1973
- Well Known Trade Mark
- In relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.
Source: Section 2(zg) – Chapter I – The Trade Marks Act, 1999
- Whole-Time Director
- “whole-time director” includes a director in the whole-time employment of the company.
Source: Section 2(94) – Chapter I – The Companies Act, 2013
- Wild Animal
- It means any species of animal specified in Schedules I to IV of the Wild Life (Protection) Act, 1972 and found wild in nature.
Source: section 2(q) – chapter 1 – Forest Rights Act, 2006
- Will
- Shall include a codicil and every writing making a voluntary posthumous disposition of property
Source: Section 3(64) – The General Clauses Act, 1897
- Workman
- “workman” has the meaning assigned to it in the Workmen’s Compensation Act, 1923 (8 of 1923).
Source: section 2(o) – chapter 1 – National Green Tribunal Act, 2010
- Wrongful Gain
- “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
Source: Section 23 – Chapter II – Indian Penal Code, 1860
- Wrongful Loss
- “Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
Source: Section 23 – Chapter II – Indian Penal Code, 1860
X
Y
Z