Avocation - Law Dictionary Search Results
Home Dictionary Name: avocationAvocation
Avocation, it plainly means one's vocation, calling or profession, Express newspapers Ltd. v. B. Somayajulu, AIR 1964 SC 279 (284): (1964) 3 SCR 100. [Working Journalists Industrial Disputes, Act, 1955, s. 2(b)]...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
Marz-ool-maut
Marz-ool-maut, under the Mohemmedan Law, the term 'marz-ool-maut' is applicable not only to disease which actually cause death but to diseases from which it is probable that death will ensure so as to engender in the person affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first attacked by it. When a gift is made by a person labouring under such a disease, it will be good only to the extent of one-third of the subject of the gift, if the donee had been put into possession by the donor, Labbi v. Bibbun, 6 NWP 159.To establish 'Marz-ool-maut there must be present at least the following conditions--(1) Proximate danger of death so that there is, as it is phrased, a preponderance (ghaliba) of knout or apprehension, that is, that at the given time death must be more probable than life;(2) there must be some degree of subjective apprehension of death...
Working journalist
Working journalist, an ex-employee would be a 'working journalist'. It is clear that the definitions of a 'newspaper employee' and a 'working journalist' have to be construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426: (1969) 2 SCC 1: (1970) 1 SCR 181. [Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955, s. 2(f)]Working journalist, means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy tester, reporter, correspondent, cartoonist, news-photographers and proof reader. An editor is expressly included in this definition, Management of Rashtradoot v. Rajasthan Working Journalist Union, (1971) 3 SCC 96. [Working Journalists and other Newspaper Employees (Conditio...
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]...
Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
Industry and Industrial dispute
Industry and Industrial dispute, 'industry' and 'industrial dispute' are defined in the Act in s. 2, clauses (j) and (k) of the Industrial Dispute Act, 1947 as follows: '(j) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; (k) 'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person', D.N. Banerji v. P.R. Mukherjee, AIR 1953 SC 58 (59): (1953) SCR 302....
Learning
Learning, the definition of the term 'learning' is very wide and almost encompasses within its sweep every acquired capacity which enables the acquirer of the capacity 'to pursue any trade, industry, profession or avocation in life', Chandrakant Manilal Shah v. CIT, (1992) 1 SCC 76: AIR 1992 SC 66. [Hindu Gains of LearningAct, 1930, s. 2(c)]...
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
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