1955 2scr603 - Law Dictionary Search Results
Home Dictionary Name: 1955 2scr603Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955)
Notwithstanding anything contained in sub-s. (3) (Essential Commodities Act, 1955), the amount payable to the person required to sell his stock of sugar would be with reference to the price fixed under the sub-section and not the agreed price or the market price in the absence of any controlled price under sub-section (3A) of the Essential Commodities Act, 1955; Panipat Co-operative Sugar Mills v. Union of India, AIR 1973 SC 537: (1973) 1 SCC 129: (1973) 2 SCR 860....
Cultivating tenant
Cultivating tenant, a person should contribute physical labour to be within the ambit of s. 2(ee) of the said Act, S.N. Sudailaimuthu Chettiar v. Palaniyandaran, AIR 1966 SC 469: (1966) 1 SCR 450. [T.N. Cultivating Tenants Protection Act, 1955 (25 of 1955), s. 2(a)(ee)]In order to fall within the definition of 'cultivating tenant' a person should carry on personal cultivation which again requires that he should contribute physical labour. The use of physical labour includes physical strain, the use of muscles and sinews. Mere supervision of work, or maintaining of accounts or distributing the wages will not be such contribution of physical labour as to attract the definition, L.R Ganapati Thevar v. N. Devasthanam, AIR 1969 SC 764: (1969) 1 SCR 508. [T.N. Cultivating Tenants Protection Act, 1955 (25 of 1955), s. 2(a)(ee)]...
Working journalist
Working journalist, an ex-employee would be a 'working journalist'. It is clear that the definitions of a 'newspaper employee' and a 'working journalist' have to be construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426: (1969) 2 SCC 1: (1970) 1 SCR 181. [Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955, s. 2(f)]Working journalist, means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy tester, reporter, correspondent, cartoonist, news-photographers and proof reader. An editor is expressly included in this definition, Management of Rashtradoot v. Rajasthan Working Journalist Union, (1971) 3 SCC 96. [Working Journalists and other Newspaper Employees (Conditio...
Alcohol
Alcohol, means ethyl alcohol of any strength and purity having the chemical composition C2H5OH. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (39 of 1955) s. 2 (9); (16 of 1955), s. 2 (a)]...
Citizen
Citizen, in relation to a country specified in the first Schedule, means a person who under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country. [Citizenship Act, 1955 (57 of 1955), s. 2 (1) (b)]Citizen, the citizenship of a person can be terminated under the relevant law, [Citizenship Act, 1955, s. 9]Is a person who is either born within the State or born of parents who are citizens or one who has acquired the status of citizen by application of the laws of the State providing for the naturalization of persons born in another State, Dictionary of Political Science, Joseph Dunner, 1965, p. 95.The modes of acquisition of Indian citizenship are (a) Birth, (b) Descent, (c) Registration, (d) Naturalisation, (e) Incorporation of territory, and (f) Certificate in case of doubt, Commentary on Constitution of India, Durga Das Basu, 6th Edn., Vol. 1, p. 111.Is a member, native or naturalised, of a State, the Concise Oxford Dic...
Citizen of India
Citizen of India, when once a person is admitted or held to be a citizen of India, unless there is a decision of the Central Government under s. 9(2) of the Citizenship Act, 1955 that he has acquired the citizenship of a foreign country, he should be presumed to be an Indian citizen. S. 9 of the Citizenship Act, 1955 is a complete code as regards the termination of Indian citizenship on the acquisition of the citizenship of a foreign country, Bhagwati Prasad Dixit 'Ghorewala' v. Rajeev Ghandhi (1986) 2 SCR 823: (1986) 4 SCC 78: AIR 1986 SC 1534 (1539). [Citizenship Act, 1955, s. 9(2)]...
Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
Medicinal preparation
Medicinal preparation, includes all drugs which are a remedy or prescription prepared for internal or external use of human beings or animals and all substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2 (g)]The expression 'medicinal preparation' is defined in s. 2(g) as: 'Medicinal preparation' includes all drugs which are a remedy or prescription prepared for internal or external use of human beings or animals and all substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals, Southern Pharmaceuticals and Chemicals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519.Medicinal preparations, in order to come within the ambit of 'medicinal preparations', the intended use of the article must be for treatment, mitigation or prevention of disease. The article must by...
Pakka kaikari 'hissedar
Pakka kaikari 'hissedar', is a term used in Kumaun and Garhwal in a special sense. A kachcha kaikar seems to mean a tenant, while a pakka kaikar is in a sense a proprietor, Sohan Singh v. Kunwar Tikendra Bahadur, 1955 All WR (HC) 124: 1955 All LJ 180: 1955 All 65 (FB)....
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