Constructive Service - Law Dictionary Search Results
fraud
fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is … in this entry used esp. in New Jersey mail fraud : fraud committed by use of the postal service esp. as described in title 18 section 1341 of the U.S. Code wire fraud : fraud committed by
May have been allowed to officiate continuously
Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)] … (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC
Fine arts
of the copyright incases where the work has been executed to order, or the author was in the service of some other fir, see s. 5. As to cinematograph films, see Barstow v. Terry , (1924) 2 … shall be confined to the artistic character and design and shall not extend to processes or methods of construction'; 'engravings' include 'etchings, lithographs, wood-cuts, prints, and other similar works, not being photographs'; and 'photograph' includes photolithograph and
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Undertaking
the amplitude of the expression 'undertaking' in the definition of the expression 'industry', noscitur a sociis cannon of construction was invoked and a restricted meaning was assigned to it in Bangalore Water Supply and Sewerage Board v. … commercial or trading or industrial activity. If cannot comprehend an infinitely small part of the manufacturing process, Avon Services Production Agencies Pvt. Ltd. v. Industrial Tribunal Hanpur, 1979 (1) SCC 1. The term 'undertaking' must be defined
Deemed
if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR … 'supposed', 'considered', 'construed', thought', 'taken to be' or 'presumed', Rishabh Agro Industries Ltd. v. Punjab National Bank Capital Services Ltd., AIR 2000 SC 1583 (1589): (2000) 5 SCC 515. (Companies Act, 1956, s. 441) Deemed, when a
discharge
payment of a debt or performance of a duty) 5 a : a dismissal from employment or office constructive discharge : discharge of an employee effected by making the employee's working conditions so intolerable that he or … prisoner] 3 a : to dismiss from employment : terminate the employment of b : to release from service or duty [ a jury] [ a witness] 4 a : to get rid of (as a debt
Goods
SCC 593. [Customs Act, 1962, ss. 2 (22) and 12] Goods, includes unfurnished ships in the course of construction, Schiffachrt -- Treuland GmbH v. H.M. Procurator-General, [1953] AC 232: 1953 (1) All ER 364 PC [See Halsbury's … SCR 586. Goods includes all types of movable properties whether those propertices be tangible or intangible, Tata Constaltancy Services v. State of Andhra Pradesh, (2005) 1 SCC 308. Electric energy is 'goods'. It can be transmitted, transferred,
Workmen's Compensation Act
s. 3 (1) defines 'workman' as 'any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, electrical work or otherwise, and whether the … Workmen's Compensation Reports. Means any agreement for carrying out for cash, deferred payment or other valuable consideration, the construction fitting out, improvement or repair of any building, road, bridge or any other immovable property, or manufacture, processing,
Lien
for nemo plus juris ad alium transferre potest, quam ipse habet. There must also be an actual or constructive possession by the party asserting it, with the express or implied asset of the party against whom it … parties, e.g., where the person claiming the lien was obliged by law to enter into the contract for service, e.g., common carriers, innkeepers, and a shipmaster's lien for freight. The Civil Law derived its own lines, whether
Misconduct
If a servant conducts himself in a way inconsistent with due and faithful discharge of his duty in service, it is misconduct, see Pierce v. Foster, 17 QB 536 (542). A disregard of an essential condition of … duty. The act complained of must bear a forbidden quality or character and its ambit has to be constructed with reference to the subject-matter and the context abscin the term occurs having regard to the scope of
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