P Dictionary
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
Person charged
Person charged, means the person whose name is set out in the warrant if he was not the person who had been before the court and whom the Sheriff intended to have arrested, McGrath v. Chief Constable of RUC [HL(ND)], (2001) 2 AC 731 LR....
Person concerned in the management of the business
Person concerned in the management of the business, the expression 'person concerned in the management of the business' may take in not only a person who directly participates or engages in the management of the business but also one who indirectly controls its management through the managerial staff, from behind the scenes, R. Dalmia v. Commissioner of Income Tax, AIR 1977 SC 988: (1977) 2 SCC 467: (1977) 2 SCR 654. [Income Tax Act, 1922, s. 2(6c) (iii)]...
Person designata
Person designata, means a person pointed out or described as an individual, as opposed to a person ascertained as a member of class or as filling a particular character, Public Prosecutor (AP) v. Legisetty Ramayya, (1974) 2 Andh LT 372: (1974) 2 Andh PLJ 305 (FB)....
Person employed
Person employed, 'person employed' means - (a) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking; (b) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertak-ing, a person wholly or principally employed in connection with the business of the establishment, and includes a peon, T. Devadasan v. Gordon Woodroffe and Co. (P) Ltd., AIR 1972 SC 1479: (1972) 3 SCC 700: (1973) 1 SCR 213. [T.N. Shops and Establishment Act, 1947, s. 2 (12) (iii)](ii) According to the definition in s. 2(14) of the Andhra Pradesh (Telengana Area) Shops and Establishments Act, 1951 even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a 'person employed' within the meaning of the sub-section, Silver Jubilee Tailoring House v. Chief Inspector of Shops and Establishments, AIR 1974 SC 37 (44, 45): (1974) 3 SCC 498:...
Person entitled to impeach alienation
Person entitled to impeach alienation, 'person entitled to impeach alienation' includes 'persons entitled to a share in property', Teg Singh v. Charan Singh, AIR 1977 SC 1699: (1977) 2 SCC 732: (1977) 3 SCR 365....
Person entitled to sell or procure the sale
Person entitled to sell or procure the sale, the expression 'person entitled to sell, or procure the sale' in s. 12(2) is merely descriptive of the person who is accountable under the said provision. The expression does not restrict the operation of the Act to the persons who have not yet sold the goods. The persons who have exported the goods to a foreign buyer are also excluded under s. 12(2). This conclusion is reinforced if clauses (a) and (b) of s. 12(2) are taken into account. It is also in consonance with the avowed object of s. 12 which is to ensure that the nation does not lose foreign exchange, M.G. Wagh v. Jay Engineering Works Ltd., AIR 1987 SC 670: (1987) 1 SCC 542: (1987) 1 SCR 798 [FERA, 1947, s. 12 (2)]...
Person having interest
Person having interest, means a disciple of the math or a person professing the Hindu religious or Sikh faith to which the math belongs, Mahant Sri Regunath Das v. Commissioner of Hindu Religious Endowment, (1986) 61 Cut LT 189 (Ori).The definition of the expression 'person having interest' in s. 2(10), (as amended in 1953) which is an inclusive one, and includes the suit brought by two or more trustees in the name of the idol, to recover possession of its property against a person holding it adversely to the trust from the purview of s. 50(ii) of the Act. That expression is wide enough to include not merely the beneficiaries of a temple, math, wakf etc. but also the trustees, Shree Gollaleshwar Dev v. Gangawwa Kom Shantayya Math, AIR 1986 SC 231: (1985) 4 SCC 393: (1985) Supp 3 SCR 646: (1986) Mah LR 220 (SC). [Bombay Public Trusts Act, 1950, s. 2 (10) 50 (ii) (a) and 51(1)]...
Person in loco parentis
Person in loco parentis, is a person assuming the parental character or discharging parental duty. It is a relationship which a person assume towards child, not his own and towards whom he discharges parental obligations, Karnal Distillery Co. v. Ladli Prasad, AIR 1958 Punj 190....
Person in occupation of property
Person in occupation of property, the expression 'person in occupation of the property' in s. 269D (2) (a) includes every person including a contractual or a statutory tenant, Rambai Manjunath Nayak v. Union of India, AIR 1993 SC 342 (350): (1994) 1 SCC 742: (1942) Tax LR 50: (1993) 49 DLT 1. [Income-tax Act, 1961, s. 269D(2)(a)]...