Clerical - Law Dictionary Search Results
Home Dictionary Name: clericalClerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Clerical or arithmetical error
Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing, Sooraj Devi v. Pyare Lal, (1981) 2 SCR 485: (1981) 1 SCC 500: AIR 1981 SC 736 (738). [Criminal Procedure Code (2 of 1974) s. 362]...
Bona fide clerical mistake
Bona fide clerical mistake, bona fide clerical error would normally be one where an officer has indicated a particular date of birth in his application form or any other document at the time of his employment but, by mistake or oversight a different date has been recorded, Union of India v. C. Rama Swamy, AIR 1997 SC 2055 (2061): (1997) 4 SCC 647. [All India Services(Death-Cum-Retirement Benefits) Rules (1958), R. 16A]...
Clerical subscription
Clerical subscription. The (English) Clerical Subscription Act, 1865 (28 & 29 Vict. c.122), s. 4, as amended by the Statute Law Revision Act, 1893, enacts that every person about to be ordained priest or deacon shall, before ordination, in the presence of the archbishop or bishop by whom he is about to be ordained, make the following 'Declaration of Assent':I assent to the Thirty-nine Articles of Religion, and to the Book of Common Prayer and of the ordering of Bishops, Priests, and Deacons. I believe the doctrine of the Church of England, as therein set forth, to be agreeable to the word of God; and in public prayer and administration of the Sacraments I will use the form in the said book prescribed, and none other, except so far as shall be ordered by lawful authority.See Articles OF RELIGION; and for an attempt to define 'lawful authority,' see Lely on the Church of England Position, at p. 138.Oaths of allegiance and of canonical obedience to the bishop have also to be taken....
Clerical work
Clerical work, ordinarily implies stereotype work without power of control or dignity or initiative or creativeness, Sonepat Co-op. Sugar Mills Ltd. v. Ajit Singh, (2005) 3 SCC 232....
Workman
Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...
Articles of religion
Articles of religion, commonly called the Thirty-nine Articles, a body of divinity drawn up by the convocation in 1562, required of the clergy to be subscribed to by 13 Eliz. C. 12, and confirmed by James I. Consult Burnet's Exposition of the Thirty-nine Articles.' The Oxford University Act, 1854 (17 & 18 Vict. c. 81), ss. 43, 44, has rendered unnecessary subscription to these Articles, or any oath, on matriculating or on taking a degree in the University of Oxford; and the Cambridge University Act, 1856 (19 & 20 Vict. c. 88), ss. 45, 46, contains a similar enactment in regard to the University of Cambridge; a declaration of assent to them is required by the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122) (see CLERICAL SUBSCRIPTION), to be subscribed by every deacon or priest before ordination, and also by every person about to be instituted to a benefice, or licensed to a perpetual curacy; every such person being also required to read the Articles publicly in church on the firs...
Clergy
Clergy [fr. clerge, Fr.; clerus, Lat.], the assembly or body of clerks or ecclesiastics set apart from the rest of the people or laity to superintend the public worship of God and the other ceremonies of religion, and to administer spiritual counsel and instruction.--The clergy were before the Reformation divided into (1) regular, who lived under certain rules, being of some religious order, and were called men of religion, or the religious, such as abbots, priors, monks, etc.; and (2) secular, who did not live under any certain rules of the religious orders, as bishops, deans, parsons, etc. Now the term comprehends all persons in holy orders and in ecclesiastical offices, viz., archbishops, bishops, deans and chapters, archdeacons, rural deans, parsons (either rectors or vicars) and curates, to which may be added parish clerks. The clergy are exempt from serving on juries; restrained from farming more than 80 acres, except with the sanction of the bishop, and cannot carryon any trade....
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
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...
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