Berar - Law Dictionary Search Results
Home Dictionary Name: berarEmployee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
In accordance with law
In accordance with law, when they used the word 'in accordance with law' in cl. 3 of Schedule 2 of the C.P. and Berar Industrial Disputes Settlement Act, 1947 is used, they did not intend to exclude the law as settled by the Industrial Courts. Provincial Transport Services v. State Industrial Cour,t AIR 1963 SC 114: (1963) 3 SCR 650. [C.P. and Berar Industrial Disputes Settlement Act, 1947 Sch. II, Item 3]...
Rendered illegal
Rendered illegal, the phrase 'rendered illegal' in s. 42(1)(g) of the C.P. and Berar Industrial Disputes Settlement Act, 1947 has been deliberately used in contradistinction to the words 'held illegal' used in ss. 43, 44 and 45, Labour Commissioner v. Burhanpur Tapti Mills Ltd., AIR 1964 SC 1687: (1964) 7 SCR 484. [C.P. and Berar Industrial Disputes Settlement Act, 1974 (23 of 1947), s. 42(i)(g)]...
British India
British India, 'British India' shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty's dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or Officer subordinate to the Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar. [General Clauses Act, 1897 (10 of 1897), s. 3 (5)]...
Escaped assessment
Escaped assessment, the expression 'escaped asses-sment' includes that of a turnover which has not been assessed at all, because for one reason or other no assessment proceedings were initiated and therefore no assessment was made in respect there of, Ghanshyamdas v. Regional Asst. C.S.T., AIR 1964 SC 766: (1964) 4 SCR 436. [C.P. and Berar Sales Tax Act, (1 of 1947), s. 11A]See also C.I.T. v. Sun Engg. Coorss (P.) Ltd., (1992) 4 SCC 363: AIR 1993 SC 43....
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Poorer and working classes
Poorer and working classes, the expression 'poorer and working classes contemplated by sub-clause (c) of Clauses (A) of sub-s. (1) s. 277 refers to such indigent and working people who need accommodation and cannot on their own make arrangements for reasonable accommodation, Municipal Corporation of the City of Jabalpur v. Kishan Lal, AIR 1966 SC 207 (209). [City of Jabalpur Corporation Act, CP and Berar Act, 1948 (3 of 1950), s. 277(1)]...
Ruling Chief
Ruling Chief, the expression 'Ruling Chief' has not been defined in the Act and must therefore by understood as in common parlance. The meaning of the word 'ruler' as given in Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 1867 is: 'One who, or that which, exercise rule, especially of supreme or sovereign kind.' Normally the expression 'Ruling Chief' connotes 'a person who is endowed with the content of sovereignty and also has the attributes of a sovereign'. According to Black's Law Dictionary, 5th Edn., p. 1252 (See now 7th Edn. P. 1402) the legal conception of 'sovereignty' is stated thus: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of reg...
Sovereignty
Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...
Terminus, terminal and terminal tax
Terminus, terminal and terminal tax, the word 'terminus' according to Oxford Dictionary means a point situated at or forming the end or extremity of somethings situated at the end of a line of railway. In other words, terminus means the point to which main action tends, goal, end, finishing point, the point at which something comes to an end. In Corpus Juris Secundum, Vol. 62, page 729 the word 'terminal' in connection with transportation means the fixed beginning or ending point of a given run. It would thus appear that a terminal tax could be levied only by the Corporation or the State which is the final destination of the goods sent from any other area, Man Mohan Tuli v. Municipal Corporation of Delhi, AIR 1981 SC 991 (994): (1981) 2 SCC 467: (1981) 2 SCR 894.Terminus means the point to which motion or action tends, goal, end, finishing point; sometimes that from which it starts; starting point. An end; extremity; the point at which something comes to an end, Express Mills v. Munici...
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