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Directors

Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...


Newspaper

Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...


Fees

Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...


Controller

Controller [fr. Controle, Fr., the copy of a roll of accounts], an overseer or officer appointed to examine and verify the accounts of other officers, also Controller under Patents Act, 1911.Means the Controller General of Patents, Designs and Trade Marks referred to in s. 73. [Patents Act, 1970 (39 of 1970), s. 2 (1) (b)]Means the Controller of Certifying Authorities appointed under sub-s. (l) of s. 17. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (m)]Means the Controller-General of Patents, Designs and Trade Marks referred to in s. 3. [Designs Act, 2000 (16 of 2000), s. 2 (b)]Means the person appointed by the State Government to give effect to the provisions of this Act and includes every Additional, Deputy or Assistant Controller who may be authorised by the Controller under sub-s. (3) of s. 5 to exercise any power under this Act. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (b)]...


general law

general law : a law that is unrestricted as to time, is applicable throughout the entire territory subject to the power of the legislature that enacted it, and applies to all persons in the same class called also general act general statute compare local law, public law, special law ...


General Clauses Act

General Clauses Act, is an Act of 1897 which applies for the interpretation of the Constitution of India and Central and State Acts, Constitution of India, Art. 367(1)...


Criminal Evidence Act

Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...


Court-baron

Court-baron, a court which, before 1926 (see COPYHOLDS), although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings.This court might be held at any place within the manor, giving fifteen days' notice, including three Sundays. Of the day when the court will be held; but three or four days' notice have been deemed sufficient. It was frequently held together with the court-leet, and generally assembled but once a year.The freehold tenants alone were suitors to the Court-baron; and it was essential to the existence of the court that there should be two suitors at the least; for since freemen can only be tried by their peers or equals, should there be but one freeman, he could then have no peer or judge, and consequently he had to appeal to the co...


Building Acts (English)

Building Acts (English). The Acts commonly so called apply only to the metropolis, and have been called the Metropolitan Building Acts. The Metropolitan Building Acts, 1855 and 1862 (which were public general Acts), and their amending enactments wee repealed and re-enacted with many amendments by the local and personal London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), and its amending Acts of 1898 and 1905. These in their turn are repealed by the London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.). see LONDON BUILDING ACT.The old Building Act, par excellence, the (English) Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), although otherwise partial and repealed, has two ss., 83 and 86, which are still in force and (it is submitted) of universal application. See as to s. 86, Ex parte Goreley, (1864) 4 De G. J. & S. 477, but compare Westminster Fire Office v. Glasgow Provident Society, (1888) 13 App Cas 167, per Lord Watson. s. 33 provides for the application of insuranc...


Statute Law Revision Acts

Statute Law Revision Acts. A number of general Acts were passed from the year 1861 to 1927 inclusive, for the purpose of expressly and specifically repealing Acts or parts of Acts which had been either impliedly repealed by subsequent statutes on the ground that leges posteriores priores contrarias abrogant, or which (see the preambles to the various Acts) 'might be regarded as spent, or had by lapse of time or otherwise become unnecessary' from various causes, or had become obsolete, and also partly with the view of clearing the way for two editions of 'Statutes Revised,' that is, statutes in force only, as distinguished from the 'Statutes at Large,' or statutes just as they are passed. In 1890, as explained in an Introductory Note to vol. 4 of the 2nd edition of the Revised Statutes, a Select Committee of the House of Commons considered the subject of statute law revision, and recommended the omission from the Revised Statutes of 'any preambles' [but see that title] 'to an act, or in...



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