1995 1948 - Law Dictionary Search Results
Home Dictionary Name: 1995 1948Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
Paper
Paper, includes vellum parchment or any other material or which an instrument may be written, Rajasthan Stamp Act, 1999, s. 2(xxvi).Paper. As to the paper on which proceedings in the Supreme Court must be printed, see PRINTING.It includes vellum, parchment or any other material on which an instrument may be written. [Indian Stamp Act, 1899, s. 2 (18)]The word 'paper' admittedly not having been defined either in the U.P. Sales Tax Act, 1948 or the rules made thereunder, it has to be understood according to the aforesaid well-established canon of construction in the sense in which persons dealing in and using the article understand it. It is, therefore, necessary to know what is paper as commonly or generally understood. The said word which is derived from the name of reedy plant papyrus and grows abundantly along the Nile river in Egypt is explained in The Shorter Oxford English Dictionary (volume 2) (Third Edition) as: A substance composed of fibers interlaced into a compact web, made ...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Machinery
Machinery. As to the riotous destruction of machinery, see Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), s. 11, as amended. As to the fencing of machinery in factories, see FACTORY.Chimneys which are merely solid structure built upon the ground whose part do not move at all cannot be considered to be 'machinery', Municipal Council v. M/s. Birla Jute Manufacturing Company Ltd., AIR 1983 MP 161 (166). [M.P. Nagriya Statewar Sampati Kar Adhiniyam, (14 of 1964), s. 5(ii)]The air cooling plant is also liable to be classified as machinery, Municipal Corporation of Greater Bombay v. Blue Stars Ltd., AIR 1995 Bom 38 (40). [Bombay Municipal Corporation Act, (3 of 1888), Sch. H, Item 50]Includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied. [Factories Act, 1948 (63 of 1948), s. 2 (j)]The word 'machinery' when used in ordinary language prima facie, means some mechanical contrivances which, by themselves or in com...
Accident
Accident, anything that happens, an unforeseen or unexpected event, a chance, a mishap, an extraordinary incident; something not expected. It is also a head of equitable jurisdiction, which was concurrent with that of the Courts of Law.Means an unlook for mishap or an untoward event which is not expected or designed, Fenton v. Thorley & Co. Ltd., 1903 AC 443: 72 LJKP 787: 89 LT 314 (HL).The meaning to be attached to the word accident,' in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief under certain conditions are (1) lost or destroyed documents. (2) Imperfect execution of powers. (3) Erroneous payments, e.g., by personal representatives.In logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE.The popular and ordinary sense of the word 'accident' means the mishap or an untowa...
Any premises including the precincts thereof
Any premises including the precincts thereof, the words 'any premises including the precincts thereof' under s. 2(m) are therefore wide enough to include all buildings with its surroundings which form part of one unit, Grauer and Weil (India) Ltd. v. CCE, AIR 1995 SC 543 (546): (1995) 1 SCC 77. [Factories Act (63 of 1948), s. 2(m)]...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
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