Is Included - Law Dictionary Search Results
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Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Consumer
Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Factory
Factory, a place where a number of traders reside in a foreign country for the convenience of trade; also a building in which goods are manufactured.In the Factory and Workshop Act, 1901, 'Factory' means by s. 149 'textile factory and non-textile factory, or either of those descriptions of factories.'The expression 'textile factory' means any premises wherein or within the close or curtilage of which steam, water or other mechanical power is used to move or work any machinery employed in preparing, manufacturing or finishing or in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass, cocoanut fibre or other like material, either separately or mixed together or mixed with any other material, or any fabric made thereof:Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works and hat works shall not be deemed to be textiles factories.'Tenement factory' means a factory when mechanic...
Petroleum
Petroleum, includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other shales or other stratified deposits from which oil can be extracted by destructive distillation. [Petroleum (Production) Act, 1934 (UK)]Includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, whether or not it has undergone any processing; but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation. [Pipelines Act, 1962 (UK)]Petroleum, is an oily, inflammable liquid made up mostly of hydrocarbons compounds containing only hydrogen and carbon, the New Bank of Popular Science, Vol. 2; Special Reference No. 1 of 2001, In Re (2004) 4 SCC 489.Means liquid and gaseous hydrocarbons are so intimately associated in nature that it has become customary to shorten the expression 'petroleum and na...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Occupier
Occupier, includes, --(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.(ii) an owner in occupation of or otherwise using his land or building.(iii) a rent-free tenant of any land or building, and(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building. [The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(i)]Means a person who occupies a site or building within a zone and including his successors and assignees. [The Rajasthan Special Economic Zones Development Act, 2003, s. 2(h)]Occupier, of a jute-mill means the person who has ultimate control over the affairs of the jute-mill. [The West Bengal Value Added Tax Act, 2003, s. 2(25)]The person residing in or upon or having a right to reside in or upon any house, land, or place; formerly rateable to the poor rate under the Poor Rel...
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