Control - Definition - Law Dictionary Home Dictionary Definition control

Definition :

Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]

The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]

Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]

Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' which is a technical term of some difficulty; Warner v. Metropolitan Police Commr., (1969) 2 AC 256: (1968) 2 All ER 356, HL (UK) Halsbury's Laws of England, Vol. 3(1), para 59, p. 55.

In the ordinary case one or more shareholders cannot be treated as exercising control if they are absent or in active when the relevant resolution is passed. Such shareholders may, however, be treated as exercising control if the resolution is passed as part of a pre-planned scheme initiated by them, Floor v. Davis (Inspector of Taxes), (1978) Ch 295 (311-312).

Suggests check, restraint or influence, Control is intended to regulate and hold in check and restrain, from action, Regional Provident Fund Commr v. Sanatan Dharam Girls Secondry School, (2007) 1 SCC 268.

Referred to in this article, is used in a comprehensive sense to include general superintendence of the working of the subordinate courts, disciplinary control over the Presiding Officers of the subordinate courts and to recommend the imposition of punishment of dismissal, removal and reduction in rank or compulsory retirement, High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal, (1998) 3 SCC 72.

Extends to variety of matters, including posting, promotion and grant of leave, Madan Mohan Choudhary v. State of Bihar, (1999) 3 SCC 396.

The word control in Art. 235 of the Constitution has been used in a comprehensive sense and includes the control and superintendence of the High Court over the subordinate courts and the persons manning them, both on the judicial and the administrative side, Gauhati High Court v. Kuladhar Phukan, (2002) 4 SCC 524 [Constitution of India, Art. 235]

Vested in High Court is complete control over subject only to the powers of the Governor in the matter of appointment, initial posting and promotion to the post of District Judges, Yoginath B. Bagde v. State of Maharashtra, (1999) 7 SCC 739.

The word 'control' referred to in Article 235 is used in a comprehensive sense to include general superintendence of the working of the subordinate courts, Brij Mohanlal v. Union of India, (2002) 5 SCC 1.