Bonus - Law Dictionary Search Results
Home Dictionary Name: bonus Page: 2Judex bonus nihil ex arbitrio suo faciat, nec pro-positione domestica voluntatis, sed juxta leges et jura pronunciet
Judex bonus nihil ex arbitrio suo faciat, nec pro-positione domestica voluntatis, sed juxta leges et jura pronunciet [Lat.], A good judge does nothing from his own judgement, or from a dictate of private will; but he will pronounce according to law and justice....
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Inconsistent
Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both c...
Body corporate established by any law
Body corporate established by any law, the words 'body corporate established by any law' should be deemed to include even a body corporate established under any law i.e., even a company. But it appears that the words 'body corporate established by any law' have been deliberately used. While all companies and corporations, as defined in the Act are liable to pay bonus, the intention seems to be that only subsidies paid by body corporate established by any law, should be deductible items and not subsidies paid by bodies corporate established under any law. Sch. II, item 6(g), Payment of Bonus Act, 1965. Shri Ambica Mills Ltd. No. 1 v. Textile Labour Association, (1973) 3 SCR 123: AIR 1973 SC 1081: (1973) 3 SCC 787 (796)....
Be capitalised and distributed
Be capitalised and distributed, The expression 'be capitalised and distributed' in the resolution means 'is hereby capitalised and distributed'. In fact the whole tenor of the resolution shows that the distribution of the bonus shares became effective as from 30th Dec., 1954. If the ordinary shareholders became the owners of the bonus shares on and after Jan. 1, 1955 or on some later date, Shri Gopal Paper Mills v. CIT, (1971) 1 SCR 323: (1970) 2 SCC 80 (85): AIR 1970 SC 1750....
Employee
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...
Year accounting
Year accounting, s. 2 of the Payment of Bonus Act, 1965 defines accounting year, Binny Ltd. v. Their Workmen, AIR 1973 SC 353: (1974) 3 SCC 27: (1972) 3 SCR 462....
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]...
Wages, salaries and other dues of the employees
Wages, salaries and other dues of the employees, expression 'wages, salaries and other dues of the employees' in s. 5(2) includes bonus, Rashtriya Mill Mazdoor Sangh v. Model Mills, AIR 1984 SC 1813: (1984) Supp SCC 443: (1985) 1 SCR 751....
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