2007 1 Scc63052 - Law Dictionary Search Results
Home Dictionary Name: 2007 1 scc63052A shared household
A shared household, in s. 2(5) of the Protection of Women from Domestic Violence Act, 2005 is not very happily worded, and appears to be the result of clumsy drafting, but the court has to give it an interpretation which is sensible and which does not lead to chaos in society, S.R. Batra v. Taruna Batra, 136 (2007) DLT 1 (SC): 1 (2007) DMC 1 (SC): 2007 (1) UJ 2 (SC). [Protection of Women from Domestic Violence Act, 2005, s. 2(s)]...
Shared household
Shared household, means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household. [Protection of Women from Domestic Violence Act, 2005, s. 2(s)]Shared household, no doubt the definition of 'shared household' in s. 2(s) of the Protection of Women from Domestic Violence, Act, 2005, is not very happily worded, and appears to be the result of clumsy drafting, but the Supreme Court gave it an interpretati...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Public authority
Public authority, in the policy statement is not a term of art. It must be construed in a purpose way, taking particular account of the context, McFarland HL(NI) (in re:), (2004) 1 WLR 1289.Is a body, not necessarily a country council, municipal corporation or other local authority, which has public or statutory duties to perform and which perform those duties and carries out its transactions for the benefit of the public and not for private profit, Halsbury's Laws of England, 3rd Edn., Vol. 30, p. 682.Means any authority or body established or con-stituted,--(i) by or under the Constitution;(ii) by any law made by the appropriate Government,and includes any other body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government. [Freedom of Information Act, 2002 (5 of 2003), s. 2(f)]Public Authority--Karnataka University being an authority under Article 12 of the constitution is covered by the definition of public authority, Shivan...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Worker
Worker, means a person employed under a contract of service or apprenticeship. [Insecticides Act., 1968 (46 of 1968), s. 3 (r)]It means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject o the manufacturing process but does not include any member of the armed forces of the Union. [Factories Act, 1948 (63 of 1948), s. 2 (l)]Means a worker in any establishment or employ-ment in respect of which this Act has come into force. [Equal Remuneration Act, 1976 (25 of 1976), s. 2 (i)]Means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa). [A...
For such State or any part thereof
For such State or any part thereof, The expression 'for such State or any part thereof' occurring in article 246(3) of the Constitution of India cannot be taken to import into entry 54 of II List the restriction that the sale or purchase referred to must take place within the territory of that State. All that it means is that the laws which a State is empowered to make must be for the purposes of that State, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.For the most part, means more than half, Reg. v. H.M. Treasury, Ex parte Cambridge University (ECJ), (2001) 1 WLR 2514.For the purpose of business, amount spent on third persons who have no connection with petitioner's business. Such expenditure cannot said to be for the purpose of rationalisation of administration or modernization of machinery or for preservation of business or for protecting its assets and property, C.I.T. v. Malayalam Plantation Ltd., AIR 1964 SC 1722 [Income Tax Act, 1961]Occurring ...
i-551 (green card)
i-551 (green card) Permanent residence card or alien registration receipt card or "green card." See Lawful Permanent Resident. Source: Department of State. March 2007. ...
Carries on business
Carries on business, the mere fact that the expression, 'carries on business' is used along with the other expressions, does not mean that it would apply only to such persons to whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300]Carries on business, as enumerated and 'personally works for gain' connotes two different meanings. The phrase 'carries on business' under s. 62(2) at a certain place would mean having an interest in a business at that place, a voice in what is done a share in the gain or loss and some control thereon. Such business may be carried at the place through an agent or a manager through a servant, Jay Engineering Works Ltd. v. Ramesh Aggarwal, MIPR, 2007 (1) 6058 (Del).Carries on business, in a particular commodity must depend upon the volume, frequency, continuity and regularity of transactions of purchase and sale in a class...
Right to receive
Right to receive, the sums secured will accrue, not when the charge is granted, but when the future event occurs. Thus, in the case of a conventional mortgage, the charge is immediately effective but the right to receive the sum secured does not accrue until the legal redemption date has passed. Similarly, there is no inconsistency between having a right to enforce a charge by sale at a time when there is only a deferred right to receive the proceeds. Such a right is sufficient to confer on the creditor the necessary interest enabling him to apply for and obtain an order for sale and such an order, if made, will remove the element of deferral, See English Insolvency Act, 1986 (c 45), s. 313; (English) Limitation Act, 1980, s. 20(1), Gotham v. Doodes, (2007) 1 WLR 86 CA....
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