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Law Dictionary Home Dictionary Definition service

Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE. The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372. The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it. The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,' be made personal service is effected by tendering a copy of the writ to the defendant, and producing the original if required by him; and actual knowledge will not be equivalent to or dispense with a necessity for personal service [Re Tuck, (1906) 1 Ch 692]. As to service by post, see R.S.C. Ord. LXVII., r. 2. By the (English) Law of Property Act, 1925, any notice to or by lessees, mortgagors, mortgagees, and any notice affecting property required by any instrument coming into operation after 1925 unless a contrary intention appears, must be in writing and may be effected by registered letter through the post. See (English) L.P. Act, 1925, s. 196, replacing and extending the Conveyancing Act, 1881, s. 67 (4). See POST. As to address for service, see, as to plaintiff, INDORSEMENT OF ADDRESS; and as to defendant, APPEARANCE. As to the expression 'service by post' in a statute passed after Jan. 1st, 1890, by s. 26 of the (English) Interpretation Act, 1889, 'Service is deemed to be effected on properly addressing, prepaying, and posting a letter containing the document' to be served, 'and unless the contrary is proved, to have been effected at the time at which the letter would have been delivered in the ordinary course of post.' It 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. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2(zb)] 'Service' of an order of assessment in the context of the scheme of the Act and the Rules means something subsequent and distinct from the mere making of an order of assessment. It implies formal communication of the order after it has been passed on termination of the proceedings, so that the party to whom it is communicated, may, if aggrieved, seek redress in a higher forum in the manner prescribed by law, Commissioner of Sales Tax v. MangalSen Shyam Lal, AIR 1975 SC 1106 (1110): (1975) 4 SCC 35: (1975) Supp SCR 58. [U.P. Sales Tax Act, 1948, s. 10(B)] The word 'service' has been construed to be wide enough to take in not only the general motor service, but also the species of motor service, Adarsh Travels Bus Service v. State of U.P., AIR 1986 SC 319: (1985) 4 SCC 557: (1985) Supp 3 SCR 661. The expression 'service' in connection with religious institutions has acquired a special and significant meaning and significant meaning and the expression 'service tenure' has to be interpreted in the light of the object of the T.N. Inams (Assessment) Act which was to impose full assessment on Inam lands hitherto wholly or partly exempt from levy of land revenue, Government of Tamil Nadu v. Ahobila Matam, AIR 1987 SC 245: (1987) 1 SCC 38: (1987) 1 SCR 222. The word 'service' in s. 2(17)(h) must necessarily mean something more than being merely subject to the orders of government, Coal Mines Provident Fund Commissioner v. Ramesh Chander Jha, AIR 1990 SC 648 (649): (1990) 1 SCC 589: (1990) 1 SCR 181. It 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. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(z) ] It means service which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance chit fund, real estate, transport, processing, supply of electrical or other energy, board 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 or personal service. [Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), s. 2(r)] 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. [Competition Act, 2002 (12 of 2003), s. 2(4)] Means service of any description which is made available to potential users and includes the provision of services in connection with business of any 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. [Competition Act, 2002 (12 of 2003), s. 2(u)] 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. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (zb)] Means any service connected with recording of allotment of securities or transfer of ownership of securities in the record of a depository. [Depositories Act, 1996 (22 of 1996), s. 2(1) (m)] Service, does seem to denote various classes or categories of posts within it. It is obviously the widest class, University of Cochin v. N. Raman Nair, AIR 1974 SC 2319: (1975) 3 SCC 628. Means any service as may be notified by the State Government, from time to time, in the Official Gazette. [Maharashtra Value Added Tax Act, 2002, s. (27)] Means permanent service or temporary service which is likely to be made permanent in the course of time, if certain usual conditions are satisfied by the person who is temporarily appointed. Where there is no such underlying idea of understanding when the servant is appointed and where he is admittedly appointed on a temporary establish-ment with which goes the idea that so soon as the establishment is wound up, his service will automatically terminate, Abdul Kader v. State, AIR 1957 Hyd 12 (DB). Means the judicial service of the State. [Gujarat Civil Courts Act, 2005, s. 2(k)]

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