1960 350 - Law Dictionary Search Results
Home Dictionary Name: 1960 350Workmen concerned in such dispute
Workmen concerned in such dispute, the expression 'workmen' concerned in such dispute in s. 33(1)(a) of the Industrial Disputes Act, 1947 is not limited to the workmen directly or actually concerned in such dispute, but induces all workmen on whose behalf the dispute has been raised as well as those who would be bound by the award which may be made in the said dispute', New India Motors (P) Ltd. v. K.T. Morris, AIR 1960 SC 875: (1960) 3 SCR 350. [Industrial Disputes Act, 1947, s. 33(1) (a), 33A, 32(12) & 18]...
Suit of partition
Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....
Teacher
Teacher, includes a physical director, P.S. Ramamohan Rao v. Andhra Pradesh Agricultural University, 1977 Supreme Today 93: 1997 (8) SCC 350.Means a Principal, Professor, Assistant Professor, Reader, Lecturer or any other person holding a teaching post either on whole-time or part-time basis and appointed or recognised as such by the University for the purposes of imparting instruc-tion and conducting research in the University. [Bengal Engineering and Science University, Shibpur Act, 2004, s. 2(18)]Means the Professors, Readers and Lecturers appointed or recognised by the University. [University of Allahabad Act, 2005, s. 3(4)]Teacher, the Physical Director gives his guidance or teaching to the students only in the evenings after the regular classes are over. It may also be that the University has not prescribed in writing any theoretical and practical classes for the students so far as physical education is concerned. But as pointed by us earlier, among various duties of the Physical...
Under the provisions hereinbefore contained
Under the provisions hereinbefore contained, means if the magistrate comes to the conclusion that the accused ought to be committee for trial, he shall commit in accordance with the provisions contained in the earlier part of the Code, Chhadanilal Jain v. State of Uttar Pradesh, AIR 1960 SC 41: (1960) Cr LJ 145.The Magistrate comes to the conclusion that the accused ought to be committed for trial he shall commit in accordance with the provisions contained in the earlier part of the Code namely, in Chapter XVIII. This of course does not mean that the Magistrate must begin over again for the beginning. All that he has to do when he decides that the case ought to be committed is to inform the accused and see that the provisions of Chapter XVIII are complied with so far as they have not been complied with upto the stage at which he decides that there ought to be a commitment. Now the procedure under Chapter XVIII is lad down in ss. 208 to 213 of the Code, Chhadimal Jain v. State of Uttar ...
As the case may be
As the case may be, expression 'as the case may be' is otherwise rendered superflous, Union of India v. Ashok Kumar, (2005) 8 SCC 760.--the words 'as the case may be' would only mean 'whichever the case may be', Shri Balaganesan Metals v. M.M. Shanmughan Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T.N. Buildings (Lease and Rent Control) Act, 1960 (60 of 1960) s. 10(3)(c)]The expression 'as the case may be' is what the expression says, i. e. as the situation may be, in other words in case there are separate and distinct units then concept of need will apply accordingly. Where, however, there is no such separate and distinct unit, it has no significance, Sobramaniam Sharmugham v. M. L. Rajendras, AIR 1987 SC 2166 (2167): (1987) 4 SCC 215. [T. N. Buildings Lease and Rent Control) Act, (18 of 1960) s. 10(3)(c)]...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Reasonable opportunity
Reasonable opportunity, the broad test of 'reason-able opportunity' is, whether in the given case, the show cause notice issued to the delinquent servant contained or was accompanied by so much information as was necessary to enable him to clear himself of the guilt, if possible, even at that stage, or, in the alternative, to show that the penalty proposed was much too, harsh and disproportion-ate to the nature of the charge established against him, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045 (2048): (1975) 4 SCC 703: (1975) Supp SCR 354. [Government of India Act, 1935, s. 240(3)]The reasonable opportunity envisaged by Article 311(2) of the Constitution of India, 1950, includes: (a) an opportunity to deny his guilt and establish his innocence, which he can only do if he is told what the charges leveled against him are and the allegations on which such charges are based; (b) an opportunity to defend himself by cross-examining the witnesses produced against him and by exa...
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Accused person, a person accused of an offence
Accused person, 'a person accused of an offence', the expression, 'accused person' in s. 24 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. The expression 'accused of any offence' is descriptive of the person against whom evidence relating to information alleged to be given by him is made provable by s. 27 of the Evidence Act. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of Uttar Pradesh v. Deoman Upadhyaya, AIR 1960 SC 1125 (1129, 1132): (1960) 1 SCR 14. [Evidence Act, (1 of 1872), ss. 24, 25, 27]...
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