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Independent Persons - Law Dictionary Search Results

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Independent persons

Independent persons, persons in the service or em-ployment of the government are also independent persons, State of Andhra Pradesh v. Narayana Velur Beedi Mfg. Factory, AIR 1973 SC 1307 (1311). (Minimum Wages Act, 1948, s. 9)...


Workman, Independent contractor

Workman, Independent contractor, a 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details of the work. There is, therefore, a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (392). [Factories Act (63 of 1948), s. 2 (I)]...


Independent advice

Independent advice, means counsel that is impartial and not given to further the interests of the person giving it. Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition, Black's Law Dictionary, 7th Edn., p. 774....


Institutions

Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...


Interpleader

Interpleader, the process whereby a person, who is or expects to be sued by two or more parties, claim-ing adversely to each other, for a debt or goods in his hands, but in which he himself has no interest, obtains relief by procuring such parties to try their rights between or amongst themselves only. Where the applicant is a sheriff, and claim is made to goods seized in execution by any other than the person against whom the execution issued, the process is called a 'sheriff's interpleader.' At one time an independent suit in Equity, called a 'bill of interpleader,' had to be brought against the two rival claimants by the person having no interest, but the Interpleader Act (1 & 2 Wm. 4, c. 58), instituted a more simple and expeditious pro-cedure, whereby the Court in which such person was sued might call the rival claimants before it, and stay the action against such person; and this Act, with its amendments under the C.L.P. Act, 1860, was incorporated, but by reference only, into th...


union

union 1 : an act or instance of uniting or joining two or more things into one ;esp : the formation of a single political unit from two or more separate and individual units 2 : something that is made one : something formed by a combining or coalition of its members: as a : a confederation of independent individuals (as nations or persons) for some common purpose b : a political unit constituting an organic whole formed usually from previously independent units (as England and Scotland in 1707) which have surrendered their principal powers to the government of the whole or to a newly created government (as the U.S. in 1789) c : labor union ...


partnership

partnership : an association of two or more persons or entities that conduct a business for profit as co-owners see also Uniform Partnership Act in the Important Laws section compare corporation, joint venture, sole proprietorship NOTE: Except in civil law as practiced in Louisiana, where a partnership, like a corporation, is considered a legal person, a partnership is traditionally viewed as an association of individuals rather than as an entity with a separate and independent existence. A partnership cannot exist beyond the lives of the partners. The partners are taxed as individuals and are personally liable for torts and contractual obligations. Each partner is viewed as the other's agent and, traditionally, is jointly and severally liable for the tortious acts of any one of the partners. commercial partnership : trading partnership in this entry family partnership : a partnership in which the partners are members of a family general partnership : a partnership in which ea...


Employer and contractor

Employer and contractor, the employer is one who employs, i.e., one who engages the services of other persons. The employee is one who works for another for hire. The employment is the contract of service between the employer and the employee where under the employee agrees to serve the employer subject to his control and supervision. A 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details to the work'. There is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (391). [Industrial Disputes Act, (14 of 1947), s. 2(s)]...


Selfhood

Existence as a separate self or independent person conscious personality individuality...


Contractor and workman

Contractor and workman, a 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details of the work'. There is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (392). [Factories Act, 1948, s. 2(e)]...


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