1952 1scr28 - Law Dictionary Search Results
Home Dictionary Name: 1952 1scr28Factory
Factory, a place where a number of traders reside in a foreign country for the convenience of trade; also a building in which goods are manufactured.In the Factory and Workshop Act, 1901, 'Factory' means by s. 149 'textile factory and non-textile factory, or either of those descriptions of factories.'The expression 'textile factory' means any premises wherein or within the close or curtilage of which steam, water or other mechanical power is used to move or work any machinery employed in preparing, manufacturing or finishing or in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass, cocoanut fibre or other like material, either separately or mixed together or mixed with any other material, or any fabric made thereof:Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works and hat works shall not be deemed to be textiles factories.'Tenement factory' means a factory when mechanic...
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Cinematograph
Cinematograph, more properly cinematograph. A contrivance for projecting in rapid succession on a screen a series of instantaneous photographs so as to give the effect of motion (The Concise Oxford Dict.). The (English) Cinematograph Act, 1909, provides that an exhibition of pictures or other optical effects by means of a cinematograph or other similar appartus for the purpose of which inflammable films are used shall not be given unless the regulations made by the Home Secretary are complied with, or elsewhere that in premises licensed under the Act (s. 1). The Act does not apply, however, to exhibitions in private houses to which the public are not admitted [s. 7 (4)]. The exhibition of films by dealers or their agents to intending purchasers or hirers does not amount to an exhibition within the meaning of the Act, Attorney-General v. Vitagraph Co., 1915 (1) Ch 206. Sunday exhibitions, see (English) Sunday Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51), s. 1 The Celluloid and (Engl...
Basic wages
Basic wages, means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include-(i) the cash value of any food concession; (ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment; (iii) any presents made by the employer. [Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (b)]The phrase 'basic wages' is ordinarily understood to mean that part of the price of labour, which the employer must pay to all workmen belonging to all categories. The phrase is used ordinarily in marked contra-distinction to 'dearness ...
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
Adult
Adult, means a person who has completed eighteen years of age. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2 (a)].Means a person who has completed his eighteenth year of age. S. 2(a). Factories Act, 1948 (63 of 1948).Means a person who has completed his eighteenth year of age, s. 2(aa), Minimum Wages Act, 1948 (11 of 1948).Means a person who has completed his eighteenth year, s. 2(a). Cinematograph Act, 1952 (37 of 1952).In relation to management system means systematic assessment of the adequacy of the management system to achieve the purpose set out in the text, carried out by persons who are sufficiently independent of the system to ensure that such assessment is objective, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 810, Note 7, p. 678.Means a person who has completed his eighteenth year of age. [National Rural Employment Guarantee Act, 2005, s. 2(a)]...
Assignment and relinquishment
Assignment and relinquishment, in the case of an assignment, the assignor continues to be liable to the landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assignment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transaction; it can only be in favour of the lessor by mutual agreement between them. The relinquish-ment of possession must be to the lessor or one who holds his interest, W.H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Certificate
Certificate, a testimony given in writing to declare or verify the truth of anything. Certificates are frequently referred to or required by Statute. A certificate is the usual evidence of the title to shares in a company. See (English) Companies Act, 1929, ss. 67 and 68; for Certificate of Incorporation, see ss. 15 and 329, ibid.; and commencement of business, s. 94, ibid., and s. 82, ibid., as to registration of charges. Also ALIENS and Share Certificate; and see Land Certificate.A document in which a fact is formally attested, Black's Law Dictionary, 7th Edn.Trial by certificate, which has long been obsolete, took place in those cases in which the evidence of the person certifying was, by custom or otherwise, the only proper criterion of the point in dispute; see 3 Bl. Com. 333.As to when certificates and examined copies are admissible in evidence, consult Taylor on Evidence, and the (English) Documentary Evidence Act, 1845 (8 & 9 Vict. c. 113) (UK).As to the Master's Certificate in...
Compulsory deposite
Compulsory deposite, 'Compulsory deposit means a subscription to, or deposit in a Provident Fund which under the rules of the Fund, is not until the happening of some specified contingency repayable on demand otherwise than for the purpose of the payment of premia in respect of a policy of life insurance (or the payment of subscriptions or premia in respect of a family pension fund), and includes any contribution and any interest or increment which has accrued under the rules of the fund on any such subscription, deposit, contribution, and also any such subscription, deposit, contribution interest or increment remaining to the credit of the subscriber or depositor after the happening of any such contingency', Union of India v. Hira Devi, AIR 1952 SC 227 (228): (1952) SCR 765. [The Provident Funds Act XIX of 1925, s. 2 (a)]...
Controlled industry
Controlled industry, means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest. [Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), s. 2 (1) (d); Also see Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (d); Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), s. 2 (1) (c); The Industrial Disputes Act, 1947 (14 of 1979), s. 2 (ee)]...
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