Industrial establishment, means an industrial undertaking or a company as defined under s. 3 of the Companies Act, 1956 or a firm registered unders. 59 of the Indian Partnership Act, 1932 which is engaged in any industry, or in any trade, business or service. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (ca)]Industrial establishments, s. 1(3)(b) applies to every establishment within the meaning of any law for the time being in force in relation to establishments in a State. Such an establishment would include an industrial establishment within the meaning of s. 2(ii)(g) of the Payment of Wages Act. Accordingly, the Payment of Gratuity Act applies to an establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of po...
The law relating to evacuee property, by defining the words 'the law relating to evacuee property' in clause (b) of s. 2 of the Repealing Act to mean the Administration of Evacuee Property Act, 1950, the Evacuee Interest (Separation) Act, 1951, the Dis-placed Persons (Compensation and Rehabilitation) Act, 1954 and any other law for the time being in force in relation to evacuees or evacuee property, the Legislature intended to give the same powers to the Custodian in dealing with the trust properties as he enjoys in respect of other evacuee property, Sir Fazalbhoy Currimbhoy v. Official Trustee of Maharashtra, AIR 1979 SC 687: (1979) 3 SCC 189: (1979) 2 SCR 699....
Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...
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...
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...
Allotment, partition, the distribution of land under an inclosure Act, or shares in a public undertaking. See COMPANY. By (English) Companies Act, 1929, ss. 39-42, reproducing and amending s. 85 of the Companies (Consolidation) Act, 1908, no allotment of the share capital of a company can be made unless the conditions therein contained have been complied with.In Company law 'allotment' means the appropria-tion out of the previously unappropriated capital of a company, of a certain number of shares to a person. Till such allotment the shares do not exist as such. It is on allotment in this sense that the shares come into existence, Sri Gopal jalan and Co. v. Calcutta Stock Exchange Assn. Ltd, AIR 1964 SC 250 (252): (1964) 3 SCR 698. [Companies Act, 1956, s. 75(1)]Allotment is an appropriation to some person or corporation of a certain number of shares, but not necessarily of any specific share, Halsbury's Laws of England, Vol. 7(1), 4th Edn., Para 422, p. 276.Means the grant by a person...
Licence and lease, A licence confers a right to do or continue to do something in or upon immovable property of grantor which but for the grant of the right may be unlawful, but it creates no estate or interest in the immovable property of the grantor. A lease on the other hand creates an interest in the property demised, Sohan Lal Naraindas v. Laxmidas RaghunathGadit, (1971) 1 SCC 276: (1971) 3 SCR 319[ Transfer of Property Act, 1882, s. 105]A tenant protected by a statute is entitled to create a licence. The licence is not an interest in property. It is purely a personal right, Chandavarkar Sita Ratna Rao v. Ashalata S. Guram, AIR 1987 SC 117 (132): (1986) 4 SCC 447.Means a licence granted under section 15 to use the Indian Standards Certification Mark in relation to any article or process which conforms to the Indian Standard and includes any licence granted under the Indian Standards Institution (Certification Marks) Act, 1952 and is in force immediately before the date of establis...
Any mode of transfer, Succession to property implies devolution by operation of law and cannot appropriately be described as a mode of transfer which obviously contemplates a transfer inter vivos, Ebrahim Aboobaber v. Tek Chand Dolwani, AIR 1953 SC 298 (300). [Administration of Evacuee Property Act, 1950 (31 of 1950), s. 2(f)(1)]...
Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution o...
Parliamentary Constituency, it is the parliamentary constituency that sends the representatives to fill the seats in the House of the people. Elections are held from such constituencies and candidates declared duly elected, fill the seats in the House of Parliament to which they are elected.Means a constituency provided by law for the purpose of elections to the House of the People. See also V.V. Giri v. D. Suri Dora, AIR 1959 SC 1318: (1960) 1 SCR 426. [Representation of the People Act, 1950 (43 of 1950), s. 2 (f)]...