Competent Person - Law Dictionary Search Results
Home Dictionary Name: competent personCompetent person
Competent person, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests examinations and inspections required to be done in a factory under the provisions of this Act having regard to-(i) the qualifications and experience of the person and facilities available at his disposal; or(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory. [Factories Act, 1948 (63 of 1948), s. 2 (ca)]...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
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...
Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Fit person
Fit person, means a person, being a social worker or any other person, who is prepared to own the responsibility of a child and is found fit by the competent authority to receive and take care of the child. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (i)]...
competence
competence : the quality or state of being competent: as a : possession of sufficient knowledge or skill b : legal authority, ability, or admissibility [a court of general ] [the of witnesses] [challenge the of the evidence] ...
competency
competency 1 : the quality or state of being mentally competent compare capacity, incompetence, insanity 2 : the quality or state of being legally qualified or adequate [the , quantum and legal effect of evidence "State v. Scoggin, 72 S.E.2d 54 (1952)"] ...
Authority competent to remove
Authority competent to remove, the expression 'the authority competent to remove' used in clause (c) of s. 6(1) is to be construed to mean also an authority without whose order or affirmation the public servant cannot be removed, K. Veeraswami v. Union of India, (1991) 3 SCC 655 (702). [Prevention of Corruption Act, 1947, s. 6(1)(c)...
competent
competent 1 : having or showing requisite or adequate ability or qualities [a lawyer] [ representation by counsel] 2 a : free from addiction or mental defect that renders one incapable of taking care of oneself or one's property b : capable of understanding one's position as a criminal defendant and the nature of the criminal proceedings and able to participate in one's defense compare capacity, incompetent, insanity 3 : legally qualified or adequate: as a : having the necessary power or authority [a judge of jurisdiction "U.S. Code"] b : qualified for presentation in court : admissible as evidence or capable of giving admissible evidence [a witness] c : intelligent [a waiver] ...
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