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Regulation

supplant the provisions of the enabling Act but to supplement it, St. John Teachers Training Institute v. Regional Director, NCERT, AIR 2003 SC 1533 (1539): (2003) 3 SCC 321. Regulation, the President has the power to make … rule or order prescribed by a superior for the management of some business and implies a rule for general course of action. Rules and Regulations are all comprised in delegated legislations. The powers to make subordinate legislation

Mens rea

'accused' had the guilty intention to commit the 'crime' he cannot be held 'guilty' of committing the crime, Director of Enforcement v. M.C.T.M. Corporation (P) Ltd., AIR 1996 SC 1100 (1103): (1996) 2 SCC 471. [FERA, 1977, … a guilty mind. See ACTUS NON FACIT REUM, NISI MENS SIT REA. Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an

Promoter

years or intended to be paid to any promoter and the consideration for any such payment. See PROSPECTUS; DIRECTOR; MISFEASANCE. Means the authority, person or co-operative society, as the case may be, by which, or by whom, … Promoter, a term anciently sometimes applied to a common informer generally (see 5 Inst. 191), but in modern times applied only to the prosecutor of an ecclesiastical suit, as

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Prospectus

issues it. It is the instrument through which the school/college 'holds out' its contents or 'represent' to the general public interest, Sanjeev Dadhwa v. All India Institute of Medical Sciences, AIR 1995 Del 268. Is a document … are not to be varied without the approval of the statutory meeting (q.v.). As to the liability of directors or others for statements in the prospectus, see s. 37, DIRECTORS and DECEIT. These requirements extend to offers

Investigation

police officer under the direction of a Magistrate to make an investigation vested with the power of investigation. Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775: (1994) 3 SCC 440. Includes all the proceedings under … the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the

Factory

text books, journals, forms and other items of stationery comes within the expression 'factory', Osmania University v. Regional Director, Employees' State Insurance Corpn., AIR 1986 SC 466: (1985) 4 SCC 514. [Employees' State Insurance Act, (34 of … 1883, as to Cotton Cloth and like humid factories, by the (English) Cotton Cloth Factories Act, 1889, and generally by the Factory and Workshop Act, 1891, which increased the powers of factory inspectors, directed means of escape

Chose

of negotiable instruments, an interesse termini, and some few other securities, this until 1873 continued to be the general rule, unless the debtor assented to the transfer; if he assented, then the right of the assignee was … 1862 (see now s. 191 (2) of the (English) Companies Act, 1929), included claims in a winding-up against directors for misfeasance. Part of a debt is not assignable in law under this enactment but the assignee of

Mandamus

subsisting on the date of the petition, Kalyan Singh v. State of Uttar Pradesh, AIR 1962 SC 1183; Director of Settlements v. M.R. Apparao, (2004) 4 SCC 638 AIR 2002 SC 1598 (1613). (Constitution of India, Art. … public duties. It enforces, however, some private rights when they are withheld by public officers. It is a general rule that this writ is only to be issued where a party has no other specific remedy; and

Employee

Berar Industrial Disputes Settlement Act, 1947, s. 2(10)] Casual 'employees' come within the purview of the Act, Regional Director E.S.I. Corp. v. South India Flour Mills (P.) Ltd., (1986) 3 SCC 238: AIR 1986 SC 1686 (1689).

Marriage

WIFE; MARRIED WOMEN'S PROPERTY; DOMICILE; MARITAL RIGHTS; NECESSARIES; ROYAL MARRIAGES ACT; WILL. It includes remarriage, Mainia v. Dy. Director of Consolidation, AIR 1989 SC 1872: (1989) 4 SCC 370: (1989) 3 SCR 685. [Gujarat Registration of Marriage … license without consent where the parties had subsequently lived together until the passing of the Act. Present Law.--The general purport of the existing law is to require a public ceremony by a clergyman of the Church of

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