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Transaction

Transaction, includes a decree, as a decree may, under certain circumstances create the relationship of lender and borrower, Radha Kishen Chamria v. Keshardeo Chamria, AIR 1954 Cal 105: (1953) 92 Cal LJ 197.Transaction, is a group of acts so connected together as to be referred to by a single legal name as a crime, a contract, a wrong or any other subject of inquiry which may be in issue, A.N. Mukerji v. State, AIR 1969 All 489: 1969 Cr LJ 1203.Transaction, is something already done and com-pleted; a 'proceeding' either something which is now going on, or if ended, is still contemplated with reference to its progress on successive stages. A transaction in the ordinary sense of the words, means some business or dealing which is carried on, or transacted between two or more persons. A transaction is something which has been concluded between persons by a cross or reciprocal action, as it were, Channoo Mehta v. Jang Bhadur Singh, AIR 1957 Pat 293: 1956 BLJR 197.Means 'carrying through' an...


Personal

Personal, clearly shows that some extra service must be rendered by the administrator general personally, different from his normal duties which would entitle him to receive fee, Ronal Llyod Powell v. Administrator-General, AIR 1967 All 231: (1966) ILR All 709: (1967) All LJ 536: (1966) All WR (HC) 109.Personal, means anything connected with the person, as distinguished from that connected with the land. Any movable thing, Chander Sekhar Singh Bhoi v. State of Orissa, (1972) 1 SCC 63 (69)....


Person employed

Person employed, 'person employed' means - (a) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking; (b) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertak-ing, a person wholly or principally employed in connection with the business of the establishment, and includes a peon, T. Devadasan v. Gordon Woodroffe and Co. (P) Ltd., AIR 1972 SC 1479: (1972) 3 SCC 700: (1973) 1 SCR 213. [T.N. Shops and Establishment Act, 1947, s. 2 (12) (iii)](ii) According to the definition in s. 2(14) of the Andhra Pradesh (Telengana Area) Shops and Establishments Act, 1951 even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a 'person employed' within the meaning of the sub-section, Silver Jubilee Tailoring House v. Chief Inspector of Shops and Establishments, AIR 1974 SC 37 (44, 45): (1974) 3 SCC 498:...


Passive resisters

Passive resisters, those persons who, as a protest against the expenditure of a local authority in connection with an object of which they disapprove, decline to pay that part of a rate attributable to such expenditure, and by such 'passive resistance' force the local authority to recover the sum withheld by distress and sale or other process. Passive resistance was resorted to especially in connection with the operation of the (English) Education Act, 1902. See R. v. Gillespie, 1904 KB 174....


Salary

Salary, a recompense or consideration generally periodically made to a person for his service in another person's business; also wages, stipend, or annual allowance. See RECEIPT.An agreed compensation for services esp. pro-fessional or some professional services usu. paid at regular intervals on yearly basis, as distinguished from an hourly basis, Black's Law Dictionary, 7th Edn., p. 1337.The ancients derive the word from sal, salt (Plin. H.N. xxxi. 42)--the most necessary thing to support human life being thus mentioned as a representative of all others.The word 'salary' as used in clause (h) of s. 60 is meant to be confined to the emoluments of labourers and domestic servants. It makes a distinction between salary and the wages of labourers and domestic servants, Raghunandan Sahai v. Jaigobind Sahay, AIR 1942 Pat 194.The word 'salary' as used in proviso (1) to s. 60, Civil Procedure Code must be construed as meaning the total monthly emoluments to which a public servant is entitled, ...


Current account transaction

Current account transaction, means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction includes--(i) payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business,(ii) payments due as interest on loans and as net income from investments,(iii) remittances for living expenses of parents, spouse and children residing abroad, and(iv) expenses in connection with foreign travel, education and medical care of parents, spouse and children. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (j)]...


Contractor

Contractor, means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies building workers for any work of the establishment; and includes a sub-contractor. [Buildings and other Construction Workers (Regulation of Employment and Conditions of Service Act, (27 of 1996), s. 2(g)]In relation to an establishment, mans a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor. [The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), s. 2 (1) (c)]In relation to an establishment, means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment, other t...


Common

Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...


Butty

Butty, a local term in the North for the associate or deputy of another, chiefly used in connection with mines, where the 'buttyman undertakes, with a gang of men selected by himself, to perform a particular piece of work; also of things used in common. See in this connection Marrow v. Flimby & Co., (1898) 2 QB 588....


Building lease

Building lease, a lease of land for a long term of years, usually 99, at a rent called a ground rent, the lessee covenanting to erect certain buildings thereon according to specification, and to maintain the same, etc., during the term. At the end of the term, the land, with the buildings upon it, reverts to the lessor and his assigns. By 45 & 46 Vict. c. 38, s. 2(10)(iii), a building lease is defined as a lease for the erecting and improving of, and the adding to and the repairing of, buildings, and by the Law of Property Act, 1925, s. 205, as a lease for building purposes or purposes connected therewith. Such leases of settled land are regulated by the Settled Land Act, 1925, s. 44, and (as to leases by mortgagees), by s. 99, sub.-ss. 58 (3), (9) and (10) of the (English) L.P. Act, 1925. See the (English) Landlord and Tenant Act, 1927 (17 & 18 Geo. 5, c. 36), s. 2(1), in connection with a tenant's claim for compensation for improvements....



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