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Actually worked

Actually worked, The expression 'actually employed' in Explanation I to s. 2(c) of the Act must, in the context in which it appears, mean 'actually worked', Lalappa Lingappa v. Laxmi Vishnu Textile Mills Ltd., AIR 1981 SC 852 (855): (1981) 2 SCR 796. [Payment of Gratuity Act, s. 2 (c) (39 of 1972)]...


Actually worked under the employer

Actually worked under the employer, If the expression 'actually worked under the employer' in s. 25B(2)(a)(ii) is capable of comprehending the days during which the workman was in employment and was paid wages. To give it any other meaning than what we have done would bring the object of s. 25-F very close to frustration, Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation, AIR 1986 SC 458: (1985) 4 SCC 71. [Industries Dispute Act (14 of 1947) s. 25F and s. 25(B) (2)]...


Average

Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...


Working days in any accounting year

Working days in any accounting year, in the case of a factory which works seasonally during an accounting year, working days in any accounting year' can only mean those days of the year during which the employee concerned is actually allowed to work, Sakhkkar Mills Mazdoor Sangh v. Gwalior Sugar Co. Ltd., AIR 1985 SC 758: (1985) 2 SCC 134: (1985) 2 SCR 958. [Payment of Bonus Act (21 of 1968), ss. 10, 13]...


Actual cost

Actual cost, The accepted accountancy rule for determining the cost of fixed assets is to include all expenditure necessary to bring such assets into existence and to put them in working condition. In case money is borrowed by a newly started company which is in the process of constructing and erecting its plant, the interest incurred before the commencement of production on such borrowed money can be capitalised and added to the cost of the fixed assets which have been created as a result of such expenditure. The above rule of accountancy should, in our view, be adopted for determining the actual cost of the assets in the absence of any statutory definition or other indication to the contrary, Challapalli Sugar Limited v. Commissioner of Income Tax, (1975) 3 SCC 572: AIR 1975 SC 97 (101)....


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....


Judicial experience

Judicial experience, 'judicial experience' would mean the knowledge or skill gained by a person by actually working as a judge in a court of law. In other words it denotes the experience which a judge obtains by regular application of his un-biased and unprejudiced mind to the determina-tion of disputes between two or more parties adjudicating upon their legal rights or liabilities, Badridass Kanhaiyalal v. Appellate Tribunal of State Transport Authority Rajasthan, AIR 1960 Raj 105....


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)]...


Actually allowed

Actually allowed, the expression 'actually allowed' is unambiguous and connotes the idea that the allowance was actually given effect to, CIT v. Straw Products, AIR 1966 SC 1113 (1116). [Taxation Laws (Merger States) (Removal of Difficulties Order) (1949)]Actually allowed, does not mean notionally allowed, Commissioner of Income Tax v. Mahendra Mills, (2000) 3 SCC 615....


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