Established Practice - Law Dictionary Search Results
Home Dictionary Name: established practiceEstablished practice
Established practice, refer to a regular, consistent, practicable and certain conduct, process or activity or decision making authority, Ram Pravesh Singh v. State of Bihar, (2006) 8 SCC 381: (2006) 12 JT 209: (2006) 9 SCALE 468: (2006) 7 Supreme 664: (2006) 8 SCJ 721: (2006) 10 SRJ 480: (2006) 6 SLR 33....
custom
custom 1 : a practice common to many or to a particular place or institution ;esp : a long-established practice that is generally recognized as having the force of law see also section 1983 compare usage 2 pl a : duties, tolls, or imposts imposed by the law of a country on imports or exports b usu sing in constr : the agency, establishment, or procedure for collecting such customs ...
reduction to practice
reduction to practice :the process of demonstrating that an invention works correctly for its desired purpose NOTE: Under federal patent law reduction to practice is taken into account in establishing priority of invention. ...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Newly set up establishment
Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous with 'undertaking' which has been defined, though in a different context, by this Court in Gymkhana Club Employees' Union v. Management, (1968) 1 SCR 742: AIR 1968 SC 554: (1967) 2 Lab LJ 720 to mean 'any business or any work or any project which one engages in or attempts as an enterprise analogous to business or trade'. The dictionary meaning of 'establishment' as given in Webster International Dictionary includes inter alia 'an institution or place of business, with its fixture and organised staff;as, large establishment, a manufacturing establishment'. 'Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence. This apparatus which is used for the purpose of carrying on trade, business or und...
Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok V. Kate, AIR 1966 SC 285, p. 301, (see Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sch. IV, item 1).Practice, denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives and defines the right, State of Seraikella v. Union of India, AIR 1951 SC 253: 1951 SCR 474: 1951 SCJ 425.Practice, includes any practice relating to the carrying on of any trade by a person or an enterprise. [Competition Act, 2002 (92 of 2003), s. 2(m)]The form and manner of conducting and carrying on suits, actions, or prosecutions at law or in equity, civil or criminal, through their various stages, from the commencement to final judgment and execution, according to principles and rules laid down by the several Courts. As to the precise meani...
war crime
war crime : an act committed usually during an international war for which individual criminal liability will be imposed by a domestic or international tribunal ;specif : a violation of the laws or customs of war as embodied or recognized by international treaty, court decisions, or established practice usually used in pl. NOTE: Following World War II, the Charter of the International Military Tribunal at Nuremberg first codified war crimes including crimes against humanity. Also encompassed in the legal concept of war crimes is the crime of planning or waging a war of aggression or a war in violation of international treaties. ...
Establishment in private sector
Establishment in private sector, means an establish-ment which is not an establishment in public sector. [Apprentices Act, 1961 (52 of 1961), s. 2 (h)]Means an establishment other than an establishment in public sector. [Payment of Bonus Act, 1965, s. 2 (15)]It means an establishment which is not an establish-ment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration. [Employment Exchanges (Comp-ulsory Notification of Vacancies) Act, 1959, s. 2 (g)]...
In connection with the work of an establishment
In connection with the work of an establishment, 'in connection with the work of an establishment' only postulates some connection between what the employee does and the work of the establishment. He may not do anything directly for the establish-ment; he may not do anything statutorily obligatory in the establishment; he may not even do anything which is primary or necessary for the survival or smooth running of the establishment or integral to the adventure. It is enough if the employee does some work which is ancillary, incidental or has relevance to or link with the object of the establishment, Royal Talkies v. Employees' State Insurance Corporation, AIR 1978 SC 1478: (1978) 4 SCC 204: (1979) 1 SCR 80....
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