Active Duty - Law Dictionary Search Results
Home Dictionary Name: active dutyActive duty
Active duty, in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of Force-(i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India, and includes duty by such person during any period declared by the Central Government by notifica-tion in the Official Gazette as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving. [Border Security Force Act, 1968, s. 2 (1)(a)]Means the duty to restore and preserve order in any local area in the event of any disturbance therein. [Central Reserve Police Force Act, 1949 (66 of 1949), s. 2 (a)]Means, in relations to a person subject to this Act means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the For...
passive
passive : not involving, deriving from, or requiring effort or active participation [imposed a duty not to interfere] ;specif : of, relating to, or being business activity in which the investor does not have immediate control over the income-producing activity [ income] [ losses] NOTE: Any rental activity is designated a passive activity under the Internal Revenue Code. Investment income is not considered income from a passive activity. pas·sive·ly adv pas·sive·ness n ...
Passive trust
Passive trust, a trust as to which the trustee has no active duty to perform. Passive uses were resorted to before the Statute of Uses, in order to escape from the trammels and hardships of the Common Law, the permanent division of property into legal and equitable interests being clearly an invention to lessen the force of some pre-existing law. For similar reasons equitable interests were after the statute revived under the form of trusts. as such, they continued to flourish, notwithstanding the singular amelioration effected at a later period in the law of tenure, because the legal ownership was attended with some peculiar inconveniences. For, in order to guard against the forfeiture of a legal estate for life passive trusts, by settlements, were resorted to, and hence, trusts to preserve contingent remainders; and passive trusts were created in order to prevent dower.Where an active trust was created, without defining the quantity of the estate to be taken by the trustee, the court...
Active-operations duty
Active-operations duty, in relation to Maritime Law, means a shipowner's obligation to provide safe working conditions, in the work areas controlled by the shipowner, for the Stevedore and Loughoremen who are loading or unloading the ship, Black Law Dictionary, 7th Edn., p. 33....
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
discharge
discharge 1 : to release from an obligation: as a : to relieve of a duty under an instrument (as a contract or a negotiable instrument) ;also : to render (an instrument) no longer enforceable [a formal instrument…may be discharged by either cancellation or surrender "J. D. Calamari and J. M. Perillo"] b : to release (a debtor in bankruptcy) from liability for his or her debts 2 : to release from confinement, custody, or care [ a prisoner] 3 a : to dismiss from employment : terminate the employment of b : to release from service or duty [ a jury] [ a witness] 4 a : to get rid of (as a debt or obligation) by performing an appropriate action b : to fulfill a requirement for [evidence which is required to the burden of going forward "W. R. LaFave and A. W. Scott, Jr."] 5 : to order (a legislative committee) to end consideration of a bill in order to bring it before the house for action dis·charge·abil·i·ty [dis-chÄ r-jə-bi-lə-tē...
Active trust
Active trust, a confidence connected with a duty. See BARE TRUSTEE...
Office of profit under the government
Office of profit under the government, the term 'office of profit under the government' used in clause (a) is an expression of wider import than a post held under the government which is dealt with in Part XIV of the Constitution. The true principle behind this provision in Article 102(1)(a) is that there should not be any conflict between the duties and the interest of an elected member. Government controls various activities in various spheres and in various measures. But to judge whether employees of any authority or local authorities under the control of government become government employees or not or holders of office of profit under the government, measure and nature of control must be judged in the light of the facts and circumstances in each case so as to avoid any possible conflict between personal interests and duties, Ashok Kumar Bhattacharyya v. Ajoy Biswas, AIR 1985 SC 211: (1985) 1 SCC 151: (1985) 2 SCR 50.(ii) The term holding 'office of profit under the government' use...
Official use
Official use, an active use, which imposed some duty on the legal owner or feoffee to uses, as a conveyance to A. with directions for him to sell the estate and distribute the proceeds amongst B., C., and D. to enable A. to perform this duty he kept the legal estate under the Statute of Uses....
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
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