Jains - Law Dictionary Search Results
Home Dictionary Name: jains Page: 6Carries on business
Carries on business, the mere fact that the expression, 'carries on business' is used along with the other expressions, does not mean that it would apply only to such persons to whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300]Carries on business, as enumerated and 'personally works for gain' connotes two different meanings. The phrase 'carries on business' under s. 62(2) at a certain place would mean having an interest in a business at that place, a voice in what is done a share in the gain or loss and some control thereon. Such business may be carried at the place through an agent or a manager through a servant, Jay Engineering Works Ltd. v. Ramesh Aggarwal, MIPR, 2007 (1) 6058 (Del).Carries on business, in a particular commodity must depend upon the volume, frequency, continuity and regularity of transactions of purchase and sale in a class...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Cause of action estoppel
Cause of action estoppel, a cause of action estoppel arises where in two different proceedings identical issues are raised, in which event, the latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings. In such event the bar is absolute in relation to all points decided save and except allegation of fraud and collusion, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798). (Civil Procedure Code, 1908, s. 11)Cause of action estoppel, arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been litigated between the same parties or their privies and having involved the same subject-matter. Ishwar Dutt v. Land Acquisition Collector, (2005) 7 SCC 190....
Class II service
Class II service, the words 'Class II service' in Rule 8 (2) of the Haryana Service of Engineers Class I P.W.D. (Irrigation Branch) Rules,1964 must bear the same meaning as the expression 'Class II service' as defined in Rule 2 (5). The artificial definition of 'Class II service' introduced by amendment of Rule 2 (5) in 1975 was obviously to bring persons who were not Assistant Engineers i.e. members of Class II service within the zone of consideration for purposes of promotion the post of Executive Engineer under Rule 6 (b) of Class I Rules, Ashok Gulati v. B.S. Jain, 1986 Supp SCC 597: (1987) 1 SCR 603: AIR 1987 SC 424 (431)....
Compromise
Compromise, an adjustment of claims in dispute by mutual concession; also a mutual promise of two or more parties at difference to refer the ending of their controversy to arbitrators. As to the authority of counsel to compromise an action, see Neale v. Gordon-Lennox, 1902 AC 465; and of solicitor, see Fray v. Voules, (1859) 1 E&E 839; and Macaulay v. Polley, (1897) 2 QB 122.Means settlement of difference by mutual con-cessions, State of Punjab v. Ganpat Raj, (2006) 8 SCC 364.Means settlement of difference by mutual concessions, State of Punjab v. Phulan Rani, (2004) 7 SCC 555.Compromise, between the parties means that there is some element of give and take on both sides, Ram Lakhan Chaudhary v. Haridwar Chaudhary, 2005 (12) SCC 383 [Civil Procedure Code, 1908, O. 23, r. 3]Is always bilateral and means mutual adjustment, Haryana Urban Development Augthority v. S.P. Jain, AIR 2004 SC 4105....
Merit
Merit, 'Merit' consists of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of social commitment and dedication to the cause of the poor, Dr. Pradeep Jain v. Union of India, AIR 1984 SC 1420 (1431): (1984) 3 SCC 654: (1984) 3 SCR 942.No doubt the term 'merit' is not capable of an easy definition, but it can be safely said that merit is a sum total of various qualities and attributes of an employee such as his academic qualifications, his distinction in the University, his character, integrity, devotion to duty and the manner in which he discharges his official duties. Allied to this may be various other matter or factors such as his punctuality in work, quality and outturn of work done by him and the manner of his dealings with his superiors and subordinate officers and the general public and his rank in the service and annual confidential report. All these and other...
Compulsory retirement
Compulsory retirement, compulsory retirement does not involve civil consequences and therefore it is not necessary to afford to a Government servant an opportunity to show cause against his compulsory retirement, E. Vankateswara Naidu v. Union of India, (1973) 1 SCC 361: AIR 1973 SC 698 (701): (1973) 3 SCR 216.The heading 'Compulsory Retirement' is wide enough to include premature retirement within its fold, S.C. Jain v. State of Haryana, (1985) 4 SCC 645: AIR 1986 SC 169: (1985) Supp 3 SCR 727.A compulsory retirement does not amount to dismissal removal and, therefore, does not attract the provisions of Article 311 of the Constitution, Shyamlal v. State of Uttar Pradesh, AIR 1954 SC 369 (375): (1955) 1 SCR 26. [Constitution of India, Art. 311]For the judicial officers allowed to superannuate at the age of 58 years and the expressions such as compulsory retirement on attaining the age of 58 years according to the procedure for compulsory retirement under the rules, Bishwanath Prasad Si...
Damdupat
Damdupat, the principle of Damdupat was evolved both as an inducement to the debtor to pay the entire principal and interest thereon at one and the same time in order to save interest in excess of the principal and as a warning to the creditor to take effective steps for realising the debt from the borrower within reasonable time so that there be not such accumulation of interest as would be in excess of the principal amount due, as in that case he would have to forego the excess amount. There may be justification for the principle of Damdupat applying in the case of an ordinary creditor and a debtor, but there seems no justification for extending that principle to the case of a trustee who has to pay interest on the funds in his hand with respect to which on certain grounds he is held liable to pay interest, Hukumchand Gulabchand Jain v. Fulchand Lakhmichand, AIR 1965 SC 1692 (1698): (1965) 3 SCR 1....
Entry into possession
Entry into possession, does not use the word 'possession' or the words 'entry into possession, at any point of time at all. The section merely requires occupation of any public premises. Entry into possession connotes one single terminus, viz., the point of time when a person enters into possession or occupies the property whereas occupation is a continuous process which starts right from the point of time when the person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of s. 2(2)(g) is whether or not the person concerned was in occupation of the public premises when the Premises Act, was passed, Jain Ink. Mfg. Co. v. L.J.C., (1980) 4 SCC 435: AIR 1981 SC 670 (672). [Public Premises (Eviction of Unauthorized Occupants) Act, 1971, s. 2(2)(g)]...
First hearing of application
First hearing of application, The word first hearing of the application as used in proviso (i) to sub-s. (2) of s. 13 of the East Punjab Urban Rent Restriction Act, 1949 does not mean the day fixed for return of the summons or the returnable day but the day when the Court applies its mind to the case, Sham Lal v. Atma Nand Jain Sabha, AIR 1987 SC 197: (1987) 1 SCC 222: (1987) 1 SCR 509....
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