Constructive Service - Law Dictionary Search Results
Home Dictionary Name: constructive serviceconstructive service
constructive service : substituted service ...
substituted service
substituted service : the service of a writ, process, or summons otherwise than by personal service (as by mail or publication or by leaving it at a defendant's place of business or residence or with an agent) called also constructive service ...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Technical services
Technical services, includes 'professional services' as well, Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The expression 'technical services' has a very broad connotation and it has been elsewhere in the statute also so widely as to comprehend professional services: vide s. 9(1)(vii), referred to earlier. But we need not digress on this aspect for two reason. Firstly, whatever may be the position regarding other 44 professional services', there can hardly be any doubt that services involving specialised knowledge, experience and skill in the field of constructional operations are 'technical services', Continental Construction Ltd. v. C.I.T., 1992 Supp (2) SCC 567: AIR 1992 SC 803 (825). [Income Tax Act, 1961, s. 80-89(1)(vii) Expln. 2]...
Service of notice/notice
Service of notice/notice, according to Art. 158 of the First Schedule to the Indian Limitation Act, the period of limitation for an application to set aside an award under the Arbitration Act, 1940, begins to run from 'the date of service of the notice of the filing of the award. Notice does not necessarily mean 'communication in writing. 'Notice' accord-ing to the Oxford Concise Dictionary, means 'intimation, intelligence, warning' and has this meaning in expressions like 'give notice, have notice' and it also means 'formal intimation of something, or instructions to do something' and has such a meaning in expressions like 'notice to quit, till further notice'. Further, 'service', according to Webster's New International Diction-ary, II Edition, Unabridged, means 'act of bringing to notice, either actually or constructively, in such manner as is prescribed by law'. Oral communica-tion will therefore amount to service too, when no particular mode of service is prescribed. When the Legi...
Date of service of the notice
Date of service of the notice, the expression, date of service of notice' in Col. 3 of Art. 158 of the Limitation Act to mean only a notice in writing served in a formal manner. The word 'notice' means not only a formal intimation but also an informal one. Service of a notice would include constructive or informal notice, Nilkantha Sidramappa Ningashetti v. Kashinath Somanna, AIR 1962 SC 666 (669): (1962) 2 SCR 551. [Arbitration Act, 1940, s. 14(2), 39(1)(vi), 42]...
Service passage or lane or bye-lane
Service passage or lane or bye-lane, means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain electricity cable (underground or over-head) and any electrical and other allied installations or any other civic services by municipal employees or other person employed in the service thereof. [New Delhi Municipal Council Act, 1994 (44 of 1994), s. 2(48)]...
construction loan
construction loan a short-term, to finance the cost of building a new home. The lender pays the builder based on milestones accomplished during the building process. For example, once a sub-contractor pours the foundation and it is approved by inspectors the lender will pay for their service. Source: U.S. Department of Housing and Urban Development ...
Private service vehicle
Private service vehicle, means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (33)]...
Construction
Construction, 'construction' does not necessarily mean construction over the land which must rise above the surface of the land in all contingencies, Jnanedaya Yogam v. K.K. Pankajashy, AIR 1999 SC 3891 (3895): (1999) 9 SCC 492. [Land Acquisition Act, (1 of 1894), s. 40(1)(b)]As to construction of statutes, see ACT OF PARLIAMENT; and of contracts, see Chitty on Contracts, Ch. v.; and of deeds, see Norton on Interpretation of Deeds.Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegerit. 3 Rep. 52.--(No one can rightly understand any part until he has read the whole again and again.)In contractibus benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. Co. Lit. 112.--(In contracts, the construction ought to be liberal; in wills, more liberal; in restitutions, most liberal.)Includes any construction in place of an existing building which has been wholly or substantially demolished, Lal Chand v. District Judge...
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