1986 2 Sick - Law Dictionary Search Results
Home Dictionary Name: 1986 2 sickSick textile undertaking
Sick textile undertaking, industry remaining closed for a period of not less than three months before the appointed day is a 'sick textile undertaking', Bijli Cotton Mills (P) Ltd. v. Union of India, AIR 1987 SC 244 (245): (1986) 4 SCC 184. [Sick Textile Undertakings (Taking over Mangement) Act, 1972 s. 2(d)(ii)]...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
In the interest of general public
In the interest of general public, the expression 'in the interest of general public' is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution. in respect of legislations and notifications concerning the wages, working conditions or the other amenities for the working class, the courts have adopted a liberal attitude and the interest of the workers has been protected notwithstanding the hardship that might becaused to the employers, Municipal Corporation of the City of Ahmedabad v. Jan Mohammad Usmanbhai, AIR 1986 SC 1205 (1212): (1986) 3 SCC 20: (1986) 2 SCR 700.The phrase 'in the interest of the general public' is the phrase of a definite connotation and a known concept. This phrase, as used in amended s. 25-O, has been bodily lifted from Article 19(6) of the Constitution of India, Orissa Textile and Steel Co. v. State of Orissa, AIR 2002 SC 708 (725): (2002) 2 SCC ...
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)]...
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Shall presume
Shall presume, denotes that the court would pre-sume in that event, no discretion has been left with the court and there is a legislative command to it to raise a presumption and regard such fact as proved unless and until it is disproved. In such an eventuality, the question of calling upon the parties to formally prove a document does not arise, Haradhan Mahatha v. Kuhju Mahatha, AIR 1993 Pat 129: (1993) 2 Pat LJR 28: (1993) 2 BLJ 289: (1993) BBCJ 355.Shall presume, these words i.e., 'shall presume' are being used in Indian judicial tore for over a century to convey that they lay down a rebuttable presumption in respect of matters with reference to which they are used, Sodhi Transport Co. v. State of U.P., AIR 1986 SC 1099: (1986) 2 SCC 486: (1986) 1 SCR 939....
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Casual employee
Casual employee, Casual employees are employees within the meaning of the term 'employee' as defined in s. 2(9) of the E.S.I. Act, 1948 and, accordingly, come within the purview of the Act, Regional Director, E.S.I. Corporation v. South India Flour Mills Ltd., (1986) 2 SCR 863: AIR 1986 SC 1686 (1689): (1986) 3 SCC 238....
Cloth
Cloth. By 12 Edw. 3, c. 3, no cloth made beyond sea might be brought into the kingdom on paint of forfeiture of the goods and punishment of the importer.Going by the meaning given in dictionaries as well as by its generally accepted popular connotation 'cloth' is woven, knitted or felted material which is pliable and is capable of being wrapped, folded or wound around. It need not necessarily be material suitable for making garments because there can be 'cloth' suitable only for industrial purpose; but nevertheless it must possess the basic feature of pliability. Hard and thick material which cannot be wrapped or wound around cannot be regarded as 'cloth', Filterco v. Commissioner of Sales Tax, (1986) 1 SCR 239: AIR 1986 SC 626 (627): (1986) 2 SCC 103. [MP General Sales Tax Act (2 of 1959) s. 42B and Sch. I, Entry 6]...
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