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Independently - Law Dictionary Search Results

Home Dictionary Name: independently

independent counsel

independent counsel : an official appointed by the court at the request of the U.S. Attorney General to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential reelection campaign after a preliminary investigation by the Attorney General finds specific and credible evidence that a crime may have been committed NOTE: The use of an independent counsel was codified in the Ethics in Government Act of 1978 and is designed to ensure an impartial investigation (as when the Attorney General would face a conflict of interest). The independent counsel was formally called a special prosecutor until 1983. ...


Independent contractor

Independent contractor, An independent contractor is one who undertakes to produce a given result but so that in the actual execution of the work he is not under the order or control of the person for whom he does it, and may use his own discretion in things not specified beforehand, Shivandan v. Punjab National Bank, AIR 1955 SC 404 (409): (1955) 1 SCR 1427.Means one who is hired to undertake a specific project but who is left free method for accomplishing it. Unlike an employee, an independent contractor who commits a wrong while carrying out the work does not create liability for the one who did the hiring, Black's Law Dictionary, 7th Edn., p. 774....


Independent member

Independent member, in India, a member elected as such to a Legislative House otherwise than as a candidate set up by any political party, Constitution of India, 10th Sch., para 2(2).Is a person not an adherent of any political party, Webster American Dictionary, p. 970.Is a member of Parliament who acknowledges no allegiance to any political party; in U.K. 'indepen-dent' at one time meant independent of the king; during the 18th century, meant independent of the government able to vote as he pleased and is only governed by his conscience as to the regularity of his attendance in the House, the Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 377....


independent source

independent source 1 : a source of evidence that is not connected with unlawful conduct which uncovers the same evidence 2 : a doctrine that permits use of evidence obtained independently of unlawful conduct which uncovers the same evidence or use of evidence that would have been inevitably discovered without the unlawful procedure that led to its discovery compare fruit of the poisonous tree, inevitable discovery ...


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....


Independent corroboration

Independent corroboration, independent evidence must not only make it safe to believe that the crime was committed but must in some way reasonably connect or had to connect the accused with it by confirming in some material particular the testimony of the accomplice or complaint that the accused committed the crime, Rameshwar Kalyan Singh v. State of Rajasthan, AIR 1952 SC 54 (57). (Indian Evidence Act, 1872, s. 133)...


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)...


Master, servant and independent contractor

Master, servant and independent contractor, A master is one who not only prescribes to the workman the end of his work, but directs or at any moment may direct the means also, or, as it has been put, 'retains the power of controlling the work', a servant is a person to the command of his master as to the manner in which he shall do his work............An independent contractor is one who undertakes to produce a given result but so that in the actual execution of the work he is not under the order or control of the person for whom he does it, any may use his own discretion in things not specified beforehand............' (Pollock on Torts), Shivanandan Sharma v. Punjab National Bank Ltd., AIR 1955 SC 404 (409)....


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

independent 1 : not dependent on others (as parents) for livelihood ;esp : not a dependent [declared she was on her financial aid form] 2 a : not affiliated with another usually larger unit [an adjuster] b : not contingent on something else [an promise] in·de·pen·dence n in·de·pen·dent·ly adv ...


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