1995 2 Act 745 - Law Dictionary Search Results
Home Dictionary Name: 1995 2 act 745Vacancy
Vacancy, means an unoccupied post or office, R.K. Sabharwal v. State of Punjab, AIR 1995 SC 1371: (1995) 2 SCC 745: (1995) AIR SCW 1371: (1995) 29 ATC 481 (SC).It occurs when a person in lawful occupation of premises vacates it. If a person other than tenant, occupying the premises in contravention of law, vacates it, the same cannot be taken note of by rent control authorities, G.K. Chakko v. Rent Controller, (1970) Ren Cr 377 (Mys)....
Post and vacancy
Post and vacancy, the expressions 'posts' and 'vacancies', often used in the executive instructions providing for reservations, are rather problemat-ical. The word 'post' means an appointment, job, office or employment. A position to which a person is appointed. 'Vacancy' means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur, R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745 (751)....
Agricultural Marketing Acts, 1931 to 1933
Agricultural Marketing Acts, 1931 to 1933 (English), The Act of 1931 (21 & 22 Geo. 5, c. 42) enables schemes to be made for regulating the marketing of agricultural products, foods and drinks made or derived therefrom, and fleeces and skins of animals, to establish marketing boards in connection with such schemes, to establish funds for loans to these boards, and to encourage agricultural co-operation, research and education. The Act of 1933 (23 & 24 Geo. 5, c. 31) amends and extends the 1931 Act by provisions for restrictions on the importation and sale of agricultural products and for the production of such secondary agricultural products wholly or partly manufactured or derived from another agricultural products as may be specified by an order in force under s. 7, Part II., of the Act of 1933. Schemes under the Act of 1931 may be submitted by the Minister of Agriculture and Fisheries after consultation with the Board of Trade by laying a draft before each House of Parliament, and if...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Environment
Environment, includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property. [National Environment Tribunal Act, 1995, s. 2 (d)]The word 'environment' is of broad spectrum which brings within its ambit 'hygienic atmosphere and ecological balance'. It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment, Virender Gaur v. State of Haryana, (1995) 2 SCC 577 (580). (Constitu-tion of India, Art. 21)Its normal meaning relates to the surroundings, but obviously that is a concept which is relatable to whatever object it is which is surrounded. It is a polycentric and multifaceted problem affecting the human existence, T.N. Gadavarman Thirmaplad v. Union of India, (2002) 10 SCC 606 (618): AIR 2003 SC 724. [Environment (Protection) Act, 1986, s. 2(a)]'Environment' includes water, air and land and the inter-relation...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
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,...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial