Foreign Corporation - Law Dictionary Search Results
Industrial concern
Industrial concern, means any concern engaged or to be engaged in. [State Financial Corporations Act, 1951 (63 of 1951), s. 2(c)]Has the meaning assigned to it in clause (c) of s. 2 of the Industrial Development Bank of India Act, 1964, and includes any other person in whose fav-our a foreign collaboration involving the import of technology is approved or automatically approved in accordance with the Industrial Policy of the Government of India in force from time to time. [Research and Development Cess Act, 1986, s. 2 (e)...
International Commercial Arbitration
International Commercial Arbitration, the definition of 'international commercial arbitration' makes no distinction between international commercial arbitrations which take place in India or internalcommercial arbitrations which take place outside India, AIR 2002 SC 1432 (1439): (2002) 4 SCC 105. [Arbitration and Conciliation Act, 1996, s. 2(f)]International commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, con-sidered as commercial under the law in force in India and where at least one of the parties is-(i) an individual who is a national of, or habitually resident in, any country other than India; or(ii) a body corporate which is incorporated in any country other than India; or(iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or(iv) the Government of a foreign country. [Arbitra-tion Act, 1996 (26 of 1996), s. 2(1) (...
Motor Car
Motor Car, means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unlades: (1) if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulation made by the secretary of state, does not exceed 3,050 kilograms; (2) if it is constructed or adapted for use for the conveyance of goods or burden of any description does not exceed 3,050 kilograms, or 3,500 kilograms, if the vehicle carries a container or containers for holding, for the purpose of its propulsion; any fuel which is wholly gaseous at 17.5' Celsius under a pressure of 1.013 bar or plant and material for producing such fuel; or (3) in a case falling within neither head (1) nor head (2) above, does not exceed 2,540 kilograms, See Halsbury's Laws of England, 4th...
Partners of a firm
Partners of a firm, the status of a partner qua the firm with reference to the provisions of the Partnership Act, the concept of 'employer' and 'employee' and the importance of the definition of 'wages' as also various Indian and foreign decisions are clearly indicative of the principle that a partner who belongs to the class of employer cannot rank as employee because he also works for wages for the partnership. In common parlance the status of a partner qua the firm is thus different from em-ployees working under the firm. It may be that a partner is being paid some remuneration for any special attention which he devotes but that would not involve any change of status and bring him within the definition of employee. In a partnership firm, which is not a legal entity, each partner acts as an agent of the other. The position of a partner qua the firm is thus not that of a master and a servant or employer and employee which concept involves an element of subordination but that of equali...
Rem, Judgment in
Rem, Judgment in, is an adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent jurisdiction and concluding all persons (not merely the parties to the proceedings) from saying that the status of the thing adjudicated upon was not such as declared by the adjudication, Rex. v. Hartington, 4 E&B 780; and see Castrique v. Imrie, 8 CBNS (1) 405 and LR 4 HL 414. Where a Court rei sit' has control over the thing and jurisdiction to decide as to its dis-position, the adjudication is conclusive against the world, see opinion of judges, per Blackburn J., in the House of Lords, supra. The chief instances are in the Admiralty Courts; foreign judgments, declar-ing status of a ship; or in the matrimonial causes, etc.; grants of probate or administration; con-demnation of goods by a competent tribunal, Geyer v. Aquilar, 7 TR 696; and as to highways, Wakefield Corporation v. Cooke, 1904 AC 31. See The Duchess of Kingston's case, and notes thereto, 2 Sm....
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
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