Actual Service - Law Dictionary Search Results
Home Dictionary Name: actual serviceActual service
Actual service, 'Actual service' includes--(i) time spent by a Judge on duty as a Judge, or in the performance of such other functions as he may, at the request of the President, undertake to discharge; and(ii) vacations means such period or periods during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the president. [Supreme Court Judges Conditions of Service Act, 1958, s. 2(b)...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Nuncupative Will
Nuncupative Will, a verbal testament depending merely upon oral evidence, being declared by the testator in extremis before a sufficient number of witnesses and after wards reduced to writing, 2 Bl. Com. 500.The (English) Statute of Frauds, 29, Car. 2, c. 3, restricted nuncupative wills, except when made by mariners at sea, and soldiers in actual service. Nuncupative wills are abolished by the (English) Wills Act, 1837, s. 9, but with a proviso by s. 11 that any soldier being in actual military service, or any marine or seaman being at sea, may dispose of his personal estate, as he might have done before the making of this Act. A will made by a soldier under s. 11 accordingly requires no attestation, and s. 15, avoiding gifts to attesting witnesses, has no application to such a will [Re Limond, (1915) 2 Ch 240]. The Wills (Soldiers and Sailors) Act, 1918, slightly enlarges the class of persons to whom s. 11 applies (s. 2), and extends the right to make wills, without the formalities re...
Service of notice/notice
Service of notice/notice, according to Art. 158 of the First Schedule to the Indian Limitation Act, the period of limitation for an application to set aside an award under the Arbitration Act, 1940, begins to run from 'the date of service of the notice of the filing of the award. Notice does not necessarily mean 'communication in writing. 'Notice' accord-ing to the Oxford Concise Dictionary, means 'intimation, intelligence, warning' and has this meaning in expressions like 'give notice, have notice' and it also means 'formal intimation of something, or instructions to do something' and has such a meaning in expressions like 'notice to quit, till further notice'. Further, 'service', according to Webster's New International Diction-ary, II Edition, Unabridged, means 'act of bringing to notice, either actually or constructively, in such manner as is prescribed by law'. Oral communica-tion will therefore amount to service too, when no particular mode of service is prescribed. When the Legi...
Continuous service
Continuous service, means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the workman, and a workman, who during a period of twelve calendar months has actually worked in an industry for not less then two hundred and forty days shall be deemed to have completed one year of continuous service in the industry, Sri Ram Industrial Enterprises Ltd. v. Mahak Singh, (2007) 4 SCC 94....
Actual practice
Actual practice, the words 'actual practice' as employed in rule 9 indicate that the concerned advocate must be whole time available as a professional attached to the concerned court and must not be pursuing any other full time avocation, Modan Lal v. State of J&K, (1995) 3 SCC 486, AIR 1995 SC 1088 (1097). [J&K Civil Services (Judicial) [Recruitment Rules (1967) R. 9]...
Serve and service
Serve and service, the word 'service' in s. 2(17)(h) must necessarily mean something more than being merely subject to the orders of Government or control of the Government. To serve means 'to perform function; do what is required for'. The Commissioner appointed by Government performs the functions as envisaged in the Act and the scheme thereunder. When he is actually acting in the capacity of Provident Fund Commissioner, he does not cease to be an officer in the service ofthe Government, Coal Mines Provident Fund Commissioner v. Ramesh Chander Jha, AIR 1990 SC 648 (649). [Civil, PC, 1908, s. 2(17)(h)]...
Issue (despatch)
Issue (despatch), the meaning of the word 'issued' has to be gathered from the context in which it is used. Meanings of the word 'issue' given in the Shorter Oxford English Dictionary include: 'to give exit to; to send forth, or allow to pass out; to let out; ... to give or send out authoritatively or officially; to send forth or deal out formally or publicly; to emit, put into circulation'. The issue of a charge-sheet, therefore, means its dispatch to the government servant, and this act is complete the moment steps are taken for the purpose, by framing the charge-sheet and dispatching it to the government servant, the further fact of its actual service on the govern-ment servant not being a necessary part of its requirement, Delhi Development Authority v. H.C. Khurana, (1993) 3 SCC 196: AIR 1993 SC 1488 (1493)....
Actual cost of an asset
Actual cost of an asset, the 'actual cost' referred to is not the actual cost as originally determined at the time of acquisition. Actual cost may be subject to certain modifications and alterations Saharanpur Electric Supply Co. Ltd. v. CIT (1992) 2 SCC 736 (750): (1992) 1 SCR 117....
Actual delivery of possession
Actual delivery of possession, expression 'actual delivery of possession' can be that actual delivery as contrasted with mere dealing in differences and such actual delivery of possession included within its scope symbolical as well as constructive delivery of possession, Duri Chand Pataria v. Bhuwlka Brothers Ltd, AIR 1955 SC 182 (187). [W. B. Jute Goods Future Ordinance (5 of 1949), s. 2(i)(b)(i)]...
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