Industrial Concern - Law Dictionary Search Results
Home Dictionary Name: industrial concern Page: 3Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
Expenditure
Expenditure, the term 'expenditure' is not necess-arily confined to the money which has been actually paid out. It covers a liability which has accrued or which has been incurred although it may have to be discharged at a future date. However, a contingent liability which may have to be discharged in future cannot be considered as expenditure, Madras Industrial Investment Corpn. Ltd. v. CIT, (1997) 4 SCC 666: AIR 1997 SC 2063.'Expenditure' is equal to 'expense' and 'expense is money laid out by calculation and intention though many uses of the word this element may not be present, as when we speak of a joke at another's expense. But the idea of 'spending in the sense of' paying out or away money is the primary meaning and it is with that meaning that we are concerned. 'Expenditure is thus what is 'paid out or away' and is something which is gone irretrievably, Indian Molasser Co. v. C.I.T., AIR 1959 SC 1049 (1058). [Income-tax Act, 1922, s. 10(2)(xv)]...
In the interest of general public
In the interest of general public, the expression 'in the interest of general public' is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution. in respect of legislations and notifications concerning the wages, working conditions or the other amenities for the working class, the courts have adopted a liberal attitude and the interest of the workers has been protected notwithstanding the hardship that might becaused to the employers, Municipal Corporation of the City of Ahmedabad v. Jan Mohammad Usmanbhai, AIR 1986 SC 1205 (1212): (1986) 3 SCC 20: (1986) 2 SCR 700.The phrase 'in the interest of the general public' is the phrase of a definite connotation and a known concept. This phrase, as used in amended s. 25-O, has been bodily lifted from Article 19(6) of the Constitution of India, Orissa Textile and Steel Co. v. State of Orissa, AIR 2002 SC 708 (725): (2002) 2 SCC ...
Landlord and tenant
Landlord and tenant. A tenancy arises when the owner of an estate inland, called the lessor or landlord, agrees expressly or by implication to allow another person, called the lessee or tenant, to enjoy the exclusive possession and use of the land for a period less than the landlord's estate in it, generally upon payment of rent. The landlord's estate is called the reversion, and at common law, a power of distress for rent is incident to the reversion.Leases or tenancies may be (1) for any agreed period such as for years or less, e.g., for a year, half-year, quarter or week; (2) from year to year; (3) at will; (4) on sufferance; or (5) they may arise upon estoppel; or (6) exist by force of a statute (see LEASE; INCREASE OF RENT). In a narrower sense the words 'tenancy' and 'landlord and tenant' are generally restricted to lease of a house or land for occupational purposes. If nothing appears to the contrary, either expressly or by implication, in the lease or agreement, the landlord is...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Veterinary Surgeon
Veterinary Surgeon [fr. veterinarius, concerned with veterinum, a beast of burden]. A person who treats the illnesses, etc., of animals. A Royal College of Veterinary Surgeons was incorporated in 1844, and supplemental charters were granted thereto in 1876 and 1879. The Charter of 1876 directed a register of veterinary surgeons to be kept. The (English) Veterinary Surgeons Act, 1881, regulates the correction of the register, enacts that examinations shall be held in accordance with the charters, and provides that no person not qualified by registra-tion, etc., may recover in any court any charge for performing any veterinary operation, or for giving any veterinary advice, and imposes penalties for false representation as to membership of the college and prohibits unregistered practitioners from using the title of veterinary surgeon or veterinary practitioner. The college has disciplin-ary powers over its members, which have been extended to holders of the veterinary certificate of the ...
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