Class Ii Service - Law Dictionary Search Results
Home Dictionary Name: class ii service Page: 4Savings banks
Savings banks, institutions for the safe custody and increase of the small savings of the poor. See Chitty's Statutes, tit. 'Savings Banks.' They are: (1) Trustee; (2) Post Office; (3) Military; (4) Statutory; (5) Uncontrolled.(1) Trustee Savings Banks are regulated by a long series of Acts (the Trustee Savings Banks Acts, 1861 to 1934), which provide that they must not be described in a manner which implies that the Government is responsible to depositors, that the money received must be paid to the Bank of England or Ireland and carried to an account kept in the names of the National Debt Commissioners, and that annual accounts must be sent to the Commissioners. An 'Inspection Committee,' estab-lished under the Savings Bank Act, 1891, has extensive powers of supervision for the purpose of detecting any breaches of the Acts or rules regulating a bank. Deposits by any depositor in more than one Trustee Savings Bank is prohibited, and the Treasury have power to limit the amount from one...
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Rank
Rank, refers to a position, especially an official one, within a social organization, of high social order or other standing status, S.C. Advocate-on-Record Asn. v. Union of India, AIR 1994 SC 268.The word 'rank' has both a narrower as well as a wider meaning; in its ordinary sense as meaning grade or status, N.C. Dalwadi v. State of Gujarat,AIR 1987 SC 1933 (1937): (1987) 3 SCC 611: (1987) 3 SCR 640. [Bombay Civil Service Rules, 1959, R. 161(1)(c)(ii)(1)](ii) The expression 'rank', in 'reduction in rank' has, for purpose of Article 311 (2) an obvious reference to the stratification of the posts or grades or categories in the official hierarchy. It does not refer to the mere seniority of the government servant in the same class or grade or category, Nyadar Singh v. Union of India, AIR 1988 SC 1979: (1988) 4 SCC 170: (1988) Supp 2 SCR 546.The expression 'rank' in Art. 311(2) has reference to a person's classification and not his particular place in the same cadre in the hierarchy of the...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Superannuation
Superannuation, connotes a distinct meaning. It ordinarily means, unless otherwise provided for in the statute, that not only he reaches the age of superannuation thereof, but also becomes entitled to the retiral benefits thereof including pension. 'Voluntary retirement' could have fallen within the afore-mentioned expression, provided it was so stated expressly in the scheme, HEC Voluntary Retd. Emps. Welfare Society v. Heavy Engineering Corporation Ltd., AIR 2006 SC 1420.Superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2(r)]In relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty eight years. [Emp-loyees' Provident Funds and Miscellaneous Pro-visions Act, 1952 (19 of 1952), s. 2(ll)]The wo...
Pay and pay scale
Pay and pay scale, are conceptually different connotations. Pay is essentially a consideration for the services rendered by an employee and is the remuneration which is payable to him. Remuneration is the recurring payment for services rendered during the tenure of employment. Pay and salary are necessarily not interchangeable concepts. Their meanings vary depending upon the provision providing for them. Pay means the amount drawn monthly by a Government servant as - (i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position is a cadre, and (ii) overseas pay, special pay and personal pay, and (iii) any other emoluments which may be specially classed as pay by the president.' A pay scale has different stages starting with initial pay and ending with ceiling pay. Each stage in the scale is commonly referred to ...
Default summons
Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...
Hotel
Hotel, includes a refreshment room, a boarding house, a lodging house, a coffee house, a lodging house, a coffee house and a caf'. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (aa)]A hotel in common parlance means a place where a proprietor makes it his business to furnish food or lodging or both to travellers or other persons. A building cannot be run as a hotel unless services necessary for the comfortable stay of lodgers and boarders are maintained. Services so maintained vary with the standard of the hotel and the class of persons to which it caters; but the amenities must have relation to the hotel business. Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262 (1270): (1960) 1 SCR 386. [Delhi and Ajmer Marwara Rent Control Act (19 of 1947), s. 2(b)]...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
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