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Home Dictionary Name: free ships Page: 2National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Westminster, Statute of, 1931
Westminster, Statute of, 1931 922 Geo. 5, c. 4). This Act was passed to confirm and ratify certain declarations made by the delegates to the Imperial Conferences of 1926 and 1930. Six Dominions are affected: Canada, Australia, New Zealand, South Africa, the Irish Free State, and Newfoundland. The arrangement is as follows:-S. 1. Meaning of 'Dominion' in this Act.S. 2. Validity of laws made by Parliament of a Dominion; the Colonial Laws Validity Act, 1865, shall not apply to any law made by the Parliament of a Dominion.S. 3. Power of Parliament of Dominion to legislate extra-territorially.S. 4. Parliament of United Kingdom not to legislate for 'Dominion' except by consent.S. 5. Powers of Dominion Parliaments in relation to shipping.S. 6. Powers of Dominion Parliaments in relation to Courts of Admiralty.S. 7. Saving for British North America Acts and application of Act to Canada.S. 8. Saving for Constitution Acts of Australia and New Zealand.S. 9. Saving with respect to State of Australi...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Navigable river
Navigable river, a navigable river is a public high-way navigable by all His Majesty's subjects in a reasonable way and for a reasonable purpose. The public right of a free passage extends to the whole of the navigable channels, and includes all such rights as with relationto the circumstances of each river are necessary for the convenient passage of ships such as the right of stopping for a reasonable time to unload and of grounding and anchoring, Purnendu Bikash Maityi v. Chairman, District Board, AIR 1963 Cal 74. [Land Acquisition Act, s. 17(2)]...
Partnership
Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying Act of fifty s.s, 'to declare and amend the law of partnership,' which, in effect, transfers the law of the subject from the region of reported cases to that of the statute; Bovill's Act' (see that title) of 1865 (28 & 29 Vict. c. 86), and a small part of the (English) Mercantile Law Amendment Act of 1856, being the only previous statutory enactments on the subject.Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership property and their rights and duties in relation to the partnership. They provide, amongst other things, for equal shares in profits and equal contributions to losses; for indemnification of every partner by the firm in respect of payments properly made...
Tax and fee-distinction
Tax and fee-distinction, a tax is a compulsory exaction of money by a public authority for public purposes enforceable by law and is not payment 'for services rendered'. This definition brings out the essential characteristics of a tax as dis-tinguished from other forms of imposition which, in a general sense, are included within it. The essence of taxation is compulsion, that is to say, it is imposed under statutory power without the taxpayer's consent and the payment is enforced by law. The second characteristic of tax is that it is an imposition made for public purpose without reference to any special benefit to be conferred on the payer of the tax. On the other hand A fee is generally defined to be a charge for a special service rendered to individuals by some govern-mental agency. But the traditional view that there must be actual quid pro quo has undergone a sea change with the passage of time. Correlation-ship between the levy and the services rendered/expected is one of general...
Wharfage
Wharfage, money paid for landing goods at a wharf, or for shipping and taking goods into a boat or barge thence. Raichand Amulakh Shah v. Union of India, AIR 1964 SC 1268; see London County Council v. General Steam Nav. Co. Ltd., (1907) 97 LT 863; and Harbours and Clauses Act, 1847, and Port of London (Consolidation) Act, 1920, supra.It means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal. [Railways Act, 1989, s. 2 (41)]As the wharfage and demurrage are charges in respect of goods unloaded from wagons and kept at the station, and also in respect of goods kept on platforms of the station, the said charges could certainly be described as charges in respect of the station, Raichand Amulkah Shah v. Union of India, AIR 1964 SC 1268 (1271): (1964) 5 SCR 148. [Railways Act, 1890, s. 3(14)]1. The fee paid for landing, loading or unloading goods on a wharf2. The accommodation for loading or unloading goods on a wharf, Black's...
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