Air Board - Law Dictionary Search Results
Conclusive proof
Conclusive proof, the certificate of purchase has its own 'conclusive' evidentiary value to the extend provided in S. 72K(2) of the the Kerala Land Reforms Act, 1963 in proceedings before the Taluk Land Board. It will therefore be for the Board to arrive at its own decision under sub-s. (5) of s. 85, according to the law, and it will be permissible for it to examine, where necessary, whether the certificate is inaccurate on its face, or has been obtained by fraud or collusion, Chettiam Veettil Ammed v. Taluk Land Board, AIR 1979 SC 1573 (1580): (1980) 1 SCC 499: (1979) 3 SCR 839. [Kerala Land Reforms Act 1963, s. 72K(2)]When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. (Evidence Act, 1872, s. 4)When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the ...
Wireless telegraphy
Wireless telegraphy, defined in the Wireless Telegraphy Acts, 1904 (4 Edw. 7, c. 24), s. 7, and 1925 (15 & 16 Geo.5, c. 67), s. 1, as meaning 'any system of communication by telegraph as defined in the Telegraph Acts, 1863 to 1904, without the aid of any wire connecting the points from and at which the messages or other communications are sent and received,' it being also provided that nothing in the Act shall prevent any person from making or using electrical apparatus for actuating machinery or for any purpose other than the transmission, including the reception as well as the sending, of messages. The Act of 1924 prohibits the establishment of any wireless telegraph station, or the establishment or working of any apparatus for wireless telegraphy, in any place or onboard any British ship, except under and in accordance with a licence granted in that behalf by the Postmaster-General. Search-warrants may be issued by order of the Postmaster-General, the Admiralty, Army Council, Air Co...
Subject to the provisions of this Act
Subject to the provisions of this Act, the expression 'Subject to the provisions of this Act' merely means that if there are any provisions regulating the Board in the matter of supplying electricity to any person not being a licensee, then the supply by the Board will be subject to those provisions, Mysore State Electricity Board v. Bangalore Woollen Cotton and Silk Mills Ltd., AIR 1963 SC 1128 (1136): 1963 Supp (2) SCR 127. [Electricity (Supply) Act, 1948, s. 49]...
Nameboard
Nameboard, according to the Random House Dictionary of the English language, the expression 'nameboard' (perhaps hyphenated) means a sign board that identifies a place or object; it is a name painted, stenciled, etc. on something, as on the side of a ship. (Name + Board). If by means of paint or structural signs an identifying name is engrafted over a building, as an identified measure, then it is a name board, N.D.M.C. v. Allied Motors (Pvt.) Ltd., AIR 1966 SC 388 (390): 1995 Supp (4) SCC 150. [Punjab Municipal Act, 1911, s. 188 (v) and 199]...
Vegetables
Vegetables, as understood in common parlance are not products of manufacture unless, agriculture is an industry for certain purposes and vegetables are products of the Industry, Saraswati Sugar Mills v. Haryana State Board, AIR 1992 SC 228.The word 'vegetables' in taxing statutes is to be understood as in common parlance, Vegetables in item 6 does not include betel leaves, Ramavatar Budhaiprasad v. Asst. Sales Tax Officer, AIR 1961 SC 1325 (1327): (1962) 1 SCR 279. [C.F. and Bezar Sales Tax Act, (21 of 1947), Sch. II, Item 6]The word 'vegetables' should be understood as denoting the class of vegetables which are grown in kitchen garden or in a farm and are used for the tables. There can be no dispute that both chillies and lemons are grown in kitchen gardens or at any rate in farms and they are used for the tables, Mangulu Sahu Ramahari Sahu v. Sales Tax Officer, AIR 1974 SC 390: (1972) 4 SCC 423. [Orissa Sales Tax Act, 1947, s. 6]The word 'vegetables' is not defined in the Act and it ...
Paid
Paid, means payable and is equivalent to offered or tendered, Mohammed Basbir v. Azizul Kadar, AIR 1967 All 1: (1966) AWR (HC) 442.Paid, takes in every receipt by the employee from the employer whether it was due to him or not, Commissioner of Income Tax, Kerala and Coimbatore v. L.W. Russell, AIR 1965 SC 49. [Income Tax Act, 1922, s. 7(1)]Paid, the expression 'paid' in s. 16(2) does not contemplate actual receipt of the dividend by the member. In general, dividend may be said to be paid within the meaning of s. 16(2) when the company discharges its liability and makes the amount of dividend unconditionally available to the member entitled thereto, J. Dalmia v. Commissioner of Income Tax, AIR 1964 SC 1866: (1964) 7 SCR 579. [Income Tax Act, 1922, s. 16(2)]The expression 'paid' in s. 16(2) does not contemplate actual receipt of the dividend by the member. The only difference between the expression 'paid' and the expression 'distribution' is that the latter necessarily involves the idea ...
Life
Life, rights to life guaranteed by Article 21 Constitution of India includes livelihood, K. Chandru v. State of Tamil Nadu, (1985) 3 SCC 536: AIR 1986 SC 204.The word 'life' in Article 21 does not include livelihood. In Re Sant Ram AIR 1960 SC 932: (1960) 3 SCR 499; A.V. Nachane v. Union of India, AIR 1982 SC 1126: (1982) 1 SCC 205.The word 'life' in Art. 21, means not merely the right to the continuance of a person's animal of existence, but a right to the possession of each his organs - his arms and legs etc., Kharak Singh v. State of U.P., AIR 1963 SC 1295: (1964) 1 SCR 332. [Constitution of India, Art. 21]The expression 'life' has a much wider meaning. Where therefore the outcome of a departmental enquiry is likely to adversely affect reputation or livelihood of a person, some of the finer graces of human civilization which make life worth living would be jeopardised and the same can be put in jeopardy only by law which inheres fair procedures. In this context one can recall the fa...
Regulate
Regulate, does not include 'prohibition', Asoke Chowdhury v. State of West Bengal, AIR 2007 Cal 176.Regulate, includes prohibition, K. Ramanathan v. State of Tamil Nadu, AIR 1985 SC 660.Regulate, is derived from the latin word 'rego and regula'. It is a word of broad import having a broad meaning and is very comprehensive in scope, Corpus Juris Secundum, Vol. 76, p. 610.Regulate, is variously defined as meaning to adjust; to adjust, order, or govern by rule, method, or established mode; to adjust or control by rule, method, or established mode, or governing principles or laws; to govern; to govern by rule; to govern by, or subject to, certain rules or restrictions, to govern or direct according to rule; to control, govern, or direct by rule or regulations, Corpus Juris Secundum, Vol. 76, p. 611.Means to control or to adjust by rule or to subject to governing principles, U.P. Co-op. Cane Unions Federations v. West U.P. Sugar Mills Assn., (2004) 5 SCC 430.Means to direct by rule or restr...
Workman
Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...
Vegetable
Vegetable, 'Vegetables' understood in common parlance are not products of manufacture unless we say that agriculture is an industry for certain purposes and vegetables are products of that industry, Saraswati Sugar Mills v. Haryana State Board, (1992) 1 SCC 418: AIR 1992 SC 224.The word 'vegetables' does not include Pan (betel leaves). Therefore betel leaves are taxable under the provisions of the Act, Ram Bux Chaturbhuj v. State of Rajasthan, AIR 1963 SC 351 (352). [Rajasthan Sales Tax Act, 1954 (29 of 1954), s. 4]Vegetable, cannot be given the comprehensive meaning as it bears in natural history, and it must be construed in popular sense to denote such classes of vegetable matter which are grown in kitchen gardens or in a farm and are used for table, State of West Bengal v. Washi Ahmed, AIR 1977 SC 1638: (1977) 2 SCC 246: 1977 SCC (Tax) 278: (1977) 3 SCR 149: (1977) 2 SCJ 222: 39 STC 378: (1977) 1 SCWR 604: (1977) UJ (SC) 268: (1977) Tax LR 2042: (1977) UPTC 296; Ramavtar v. Assistan...
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