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Home Bare Acts Phrase: doctrineBharat Petroleum Corporation Limited (Determination of Conditions of Service of Employees) Act, 1988 Complete Act
State : Central
Year : 1988
.....units, relocation of establishments or part thereof, relocation of plants and machinery or introduction of new lines of production and manufacture. SCHEME 09: TRANSFERS (i) The Corporation shall be entitled to transfer employee from one unit to another unit in the same Department or from one Department to another Department in the same establishment of the Corporation. (ii) An employee of the Corporation may be transferred from one establishment of the Corporation lo another establishment in the interest of increasing productivity of the Corporation. SCHEME 10 INTERPRETATION - If any question arises as to the interpretation of this scheme, the decision of the Central Government thereon shall be final. SCHEME 11: All other conditions of service of employees which are not specifically covered by this scheme shall continue to be applicable. (see paragraph 4) PART 'A' Conditions of service applicable to employees for the period from 24th day of January, 1976 to 31st day of December, 1979 1 Wage Scales - The Wage Scales effective from 24th day of January, 1976 shall be as follows : Grades: 1. Rs. 300-8-356-8-412-9-520 2. Rs. 330-8-410-10-40-10-520-12-580 .....
List Judgments citing this sectionWakf Act, 1954 Complete Act
State : Central
Year : 1954
.....in respect of two or more States, while in some other cases there is more than one Board functioning in the same State. This is not a satisfactory arrangement. It is, therefore, necessary to reconstitute such Boards as intra-State bodies. It is accordingly proposed to empower the Central Government to make, wherever necessary, suitable orders for the reconstitution of these Boards and for division of their assets and liabilities. In regard to the composition of the Boards, the Act makes a distinction between Part A States, Part B States and Part C States. This distinction no longer holds good. It is, therefore, proposed to provide that each Board, when it is constituted for any of the States or the Union Territory of Delhi, should have eleven members while the Board for any other Union Territory, should have five members only. 2. In some of the States, the Act is in force in certain parts only and it is proposed to empower the Central Government to bring the Act into force in the remaining part of such States. If, however, for any reason it is not found feasible to bring the Act into force in the remaining part of any such State and establish a Board for the whole of.....
List Judgments citing this sectionMussalman Wakf Validating Act, 1913 Section 2
Title : Defintions
State : Central
Year : 1913
In this Act, unless there is anything repugnant in the subject or context,-- (1) "Wakf" means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law as religious, pious or charitable. (2) "Hanafi Mussalman" means a follower of the Mussalman faith who conforms to the tenets and doctrines of the Hanafi school of Mussalman law.
View Complete Act List Judgments citing this sectionAir Corporations Act, 1953 Complete Act
State : Central
Year : 1953
.....assemble or recondition aircraft, vehicles or other machines and parts, accessories and instruments thereof or therefore and also to manufacture such parts, accessories and instruments, whether the aircraft, vehicles or other machines are owned by the Corporation or by any other person; (f) to enter into and perform all such contracts as are calculated to further the efficient performance of its duties and the exercise of its powers under this Act; (g) to perform any functions as agent or contractor in relation to an air transport service operated by any other person; (h) with the previous approval of the Central Government, to enter into agreements with any person engaged in air transportation with a view to enabling such person to provide air transport services on behalf of or in association with the Corporation; (i) with the previous approval of the Central Government, to determine and levy fares and freight rates and other charges for or in respect of the carriage of passengers and goods on air transport services operated by it; 9[(ii) to make such grants as it thinks fit as contribution or donation, in furtherance of the interests of the Corporation, to any.....
List Judgments citing this sectionCarriers Act, 1865 Complete Act
State : Central
Year : 1865
.....was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine, and it was settled that a carrier could, by a properly framed contract, deliver himself from liability even for misconduct or negligence. The liberty thus conceded was. however, found to be a practical evil and the English Legislature intervened by 17 and 18 Vic.. Cap 31. The nearly contemporaneous enactment of the Indian Legislature, embodied in Sec. XI of Act XVIII of 1854. is obviously aimed at the same object. It seems very undesirable to adopt the rule contained in section VII of 17 and 18 Vic. Cap. 31. which permits companies to contract themselves, on certain conditions, out of their.....
List Judgments citing this sectionHindu Gains of Learning Act, 1930 Complete Act
State : Central
Year : 1930
.....demoralising influence upon his character by inducing him to have recourse to dishonest subterfuges like benami transactions. Likewise, the present rule is not favourable to the growth of self-reliance among the dependent members of the family. In a rich family, it offers a premium to extravagance, idleness and perpetual discord. Its injustice is manifestly galling. Take, e.g., a case in which a father has three sons and incurs the same expenditure on their education. He sends them all to England to be educated for the 1.C.S. One is successful, the other two fail. Of the two who fail, one takes to trade, the other is unwilling to do any work and remains idle. The trader earns a large fortune, which the present law allows him to keep to himself, because his education in England was for the Civil Service and not for trade. But, out of the earnings of the Civilian, two shares are claimed, one by the trader and the other by the brother who has been idle. The trader keeps his own earnings and also takes a share of the Civilian's earnings. Take again a case in which three brothers are given by their father the same education for the same profession and at the same cost. Though they.....
List Judgments citing this sectionMARRIED WOMEN'S PROPERTY ACT, 1874 Complete Act
State : Central
Year : 1874
.....the first day of January, 1866, and for insurances on lives by persons married before or after that day : AND WHEREAS by the Indian Succession Act, 1865, section 4, it is enacted that no person shall by marriage acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property, which he or she could have done, if unmarried : AND WHEREAS by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by, them, and their husbands do not by their marriage acquire any interest in such property, but the said Act does not protect such husbands from liabilities on account of the debts of their wives contracted before marriage, and does not expressly provide for the enforcement of claims by or against such wives: It is hereby enacted as follows :- SECTION 01: SHORT TITLE This Act may be called the Married Women's Property Act, 1874- SECTION 02: EXTENT AND APPLICATION 2[It extends to the whole of India except the State of Jammu and Kashmir.] But nothing herein contained applies to any married woman who at the time of her marriage.....
List Judgments citing this sectionMussalman Wakf Validating Act 1930 Complete Act
State : Central
Year : 1930
.....form of wakf-al-aulad, that is a bequest for the benefit of the testator's descendants. As such, it contravenes the law against perpetuities as enacted in Section 14 of the Transfer of Property Act, and.Section 114 of the Indian Succession Act. A doubt was cast on this doctrine by the Privy Council in several cases in which their Lordships held such bequests illegal as obnoxious to the rule against perpetuities As Act 6 of 1913 was merely declaratory of the validity of such wakfs, it was understood that it would apply equally to all wakfs whether created before or since that enactment. But as the Courts have held otherwise, this Bill is framed to give that Act retrospective operation. It is apprehended that Mussalman Wakf Validating Act (6 of 1913) was not intended to introduce a change in the old law being enacted to restore the old rule. This Bill will, if passed, carry out its intention by resolving a doubt resulting from recent cases." -Gazette of India, 1929, Pat V, p. 240. EXTRACT FROM SELECT COMMITTEE REPORT "Clause 1.- This Bill is designed to give retrospective effect to the Mussalman Wakf Validating Act, 1913, which has already been in operation without retrospective.....
List Judgments citing this sectionMussalman Wakf Validating Act, 1913 Complete Act
State : Central
Year : 1913
.....a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character. SECTION 04: WAKFS NOT BE INVALID BY REASON OF REMOTENESS OF BENEFIT TO POOR, ETC No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other reliegious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendents of person creating the wakf. SECTION 05: SAVING OF LOCAL AND SCTARIAN CUSTOM Nothing in this Act shall affect any custom or usage whether local or prevalent among Mussalmans of any particular class or sect. Central Bare Acts
List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State : Central
Year : 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty 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 a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized 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 being 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.....
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