Member, is defined as 'member' in relation to an occupational pension scheme, means any active, deferred or pensioner member, Bus Employees Pension Trustees Ltd. v. Harrod, (1999) 3 WLR 1244.Member, means a member of the Authority. [Gujarat State Disaster Management Act, 2003, s. 2(l)]Member, means a member of the Commission and includes the Chairperson. [The National Commission for Minority Educational Institutions Act, 2004, s. 2(e)]Member, means a member of the council. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(e)]Member, means a person elected at an election to fill seats in a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad. [West Bengal Panchayat Election Act, 2003, s. 2(12)]Member, means a person joining in the application for the registration of a multi-State Co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act, the rules a...
Metals, dealers in old, defined as any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such Articles only, or together with second-hand goods or marine stores, and the term 'old metals' means the said Articles. See (English) Old Metal Dealers Act, 1861 (24 & 25 Vict. c.110), relating to their trade requiring registration, and giving powers of visitation and search to the police; s. 13 of the (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), by which any dealer in old metals who purchases any lead, copper, brass, tin, pewter, or German-silver in any quantity at one time less than 112 lb. in the case of lead, or than 56 lb. in the case of the other metals above mentioned, is guilty of an offence against the Act, and liable to a penalty not exceeding 5l. See also (English) Public Stores Act, 1875, ss. 9, 10, and 11 and Public Health Amendment Act,...
Press. By the (English) Local Authorities (Admission of the Press to Meetings) Act, 1908 (8 Edw. 7, c. 43), passed inconsequence of the decision in Tenby Corporation v. Mason, (1908) 1 Ch 457, the ex-pression 'representatives of the Press' means duly accredited representatives of newspapers and duly accredited representatives of news agencies which systematically carry on the business of selling and supplying reports and information to newspapers. Though the Act gives a general right of admission, there is power by resolution temporarily to exclude the Press. See LOCAL AUTHORITY.There is no longer any censorship of the Press in this country, and any man may write and publish whatever he pleases concerning another, subject only to this--that he must take the consequences, if a jury should deem his words defamatory (Odgers on Libel, p. 10). 'The liberty of the Press consists in printing without any previous licence, subject to the consequences of law', R. v. Dean of St. Asaph, (1784) 3 T...
Raiyat, means a person who holds land for commercial, residential or industrial purpose or for whatever purpose but does not include a lessee of Government land. [Kolkata Land Revenue Act, 2003, s. 2(i)]Raiyat, the word 'Raiyat' means a person who holds land for purpose of agriculture, AIR 1972 Cal 381 (383). [West Bengal Land Reforms Act, 1956, s. 2(10)]...
Registered, is officially recorded or enrolled, legally certified or authenticated, Webster American Dictionary, p. 1224.Means registered under s. 24. [West Bengal Value Added Tax Act, 2003, s. 2(38)]Registered, used with reference to a document, shall mean registered in India under the law for the time being in force for the registration of documents. [General Clauses Act, 1897 (10 of 1897), s. 3(49)]...
Tramways, rails for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and convey the traffic. The construction and regulation of tramways is provided for by the Tramways Act, 1870 (33 & 34 Vict. c. 78), and numerous special Acts. See Chitty's Statutes, tit. 'Tramways'; and Sutton's Tramways Acts.As to purchase of tramways by local authority within six months after the expiration of twenty-one years from the time of authorization of con-struction, or within six months after the expiration of every subsequent period of seven years, see s. 43 of the Tramways Act, 1870, as amended by the Local Government Act, 1933, and London Street Tramways Co. v. London County Council, 1894, AC 489. As to the powers of the Ministry of Transport, see ss. 2 and 5 of the Ministry of Transport Act, 1919 (9 & 10 Geo. 5, c. 50).The abandonment of tramways is regulated by ss. 41, 42 of the Act of 1870.As to the partial exemption from rates, see Thornton Urban Council...
Weights and measures, instruments for reducing the quantity and price of merchandise to a certainty, that there may be the less room for deceit and imposition. See AVOIRDUPOIS; TROY WEIGHT; and METRIC SYSTEM.The adjustment of weights and measures is a prerogative of the Crown, and has from an early date been regulated by statute-the Weights and Measures Act, 1878. The 25th and 26th sections enact that:25. Use or Possession for Use.-Every person who uses or has in his possession for use for trade any weight, measure, scale, balance, steelyard, or weighing machine which is false or unjust, shall be liable to a fine not exceeding 5l., or in the case of a second offence 20l. [as amended by the W. and M. Act, 1889], and any contract, bargain, sale, or dealing made by the same shall be void, and the weight, measure, scale, balance, or steelyard shall be liable to be forfeited.26. Fraud in Use.-Where any fraud is wilfully committed in the using of any weight, measure, scale, balance, steelyar...
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
Agricultural Holdings (Scotland) Act, 1923 (13 & 14 Geo. 5, c. 10), a consolidating Act of similar scope to the last title and differing therefrom principally in respect of procedure. Slightly amended by13 & 14 Geo. 5, c. 25....
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...