In Such Capacity - Law Dictionary Search Results
Home Dictionary Name: in such capacityIn such capacity
In such capacity, the words 'in such capacity' mean nothing more than the capacity of a person who carries on the business as the predecessor, was carrying it on that is, with a liability to be taxed on its profits and gains, Executors of the Estate of J.K. Dubash v. Commissioner of Income Tax, AIR 1951 SC 111 (114): (1950) SCR 969....
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Workman
Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
Disability
Disability, incapacity to do any legal act. It is divided into two classes: (1) absolute, which, while it continues, wholly disables the person 'such were outlawry, excommunication, attainder (but see the Forfeiture Act, 1870 (32 & 33 Vict. c.23), s. 1, abolishing attainder on conviction for treason or felony), and acts by statutory bodies or corporations in excess of their statutory powers, see ULTRA VIRES; (2) partial, as infancy, coverture, lunacy, and drunkenness. As to which, see the various titles relating thereto. The compulsory purchase, by railway and other companies, of the lands of persons under disability is regulated by the Lands Clauses Acts, and see ULTRA VIRES.It means--(i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. [The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (i) (i) (ii) (iii) (iv) (v) ...
Working journalist
Working journalist, an ex-employee would be a 'working journalist'. It is clear that the definitions of a 'newspaper employee' and a 'working journalist' have to be construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426: (1969) 2 SCC 1: (1970) 1 SCR 181. [Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955, s. 2(f)]Working journalist, means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy tester, reporter, correspondent, cartoonist, news-photographers and proof reader. An editor is expressly included in this definition, Management of Rashtradoot v. Rajasthan Working Journalist Union, (1971) 3 SCC 96. [Working Journalists and other Newspaper Employees (Conditio...
Corporation
Corporation, a co-operative society is a corporation, Daman Singh v. State of Punjab, AIR 1985 SC 973 (978): (1985) 2 SCC 670. [Punjab Co-operative Societies Act (25 of 1961) s. 30]'Corporation' is an artificial being created by law having a legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, notwithstanding changes in its membership. In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may, S.S. Dhanoa v. Municipal Corpn., (1981) 3 SCC 431: AIR 1981 SC 1395 (1398). [Penal Code (45 of 1860), s. 21, Cl. (12)]'Corporation' referred to under s. 20 Expln of CPC mean not only statutory corporation but also a company registered under the Indian Companies Act, Hakam Singh v. Gamnar (India) L...
Partial disablement
Partial disablement, means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (g)]...
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