Lab - Law Dictionary Search Results
Home Dictionary Name: labStatutory body
Statutory body, must be created by or under a statute and owe its existence to a statute, Sukhdev Singh v. Bhagatram Sardar Singh, AIR 1975 SC 1331; Vaish Degree College v. Lakshmi Narain, (1976) 2 Lab LJ 163: 1976 Lab IC 576: (1976) 1 Lab LN 474: AIR 1976 SC 888: (1976) 2 SCWR 588: (1976) SLWR 67: 1976 SCC (Lab) 176: (1976) 2 SCC 58.Statutory body, the institution concerned must owe its very existence to a statute which would be the fountainhead of its powers, Vaish Degree College v. Lakshmi Narain, AIR 1976 SC 888 (893). [Agra University Hand-book (1965-66) Statute 14A]...
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. ...
Public interest
Public interest, means an act beneficial to the general public. It means action necessarily taken for public purpose, Babu Ram Verma v. State of Uttar Pradesh, (1971) All LJ 653: (1971) Serv LR 649: (1971) 2 Lab LJ 235: (1971) Lab IC 1162 (All).Means of concern or advantage to people as a whole, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Means retention of honest and efficient employees and weeding of inefficient and dishonest, Indira Saxena v. Municipal Council, 1995 Jab LJ 28.Means those interests which concern the public at large, Law Lexicon, 2nd Edn., Reprint 2000, at p. 1557). See also T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Refers to cases where the interests of public adminis-tration require the retirement of a government servant who with the passage of years has pre-maturely ceased to possess the standard of efficiency, competence and utility called for by the government service to which he belongs. No stigmas or implication of misbehav...
Trade
Trade [fr. trutta, Ital.], traffic; intercourse; commerce; exchange of goods for other goods, or for money.The business of buying and selling or bartering goods or services, Black's Law Dictionary, 7th Edn., p. 1500.As to contracts in restraint of trade, see RESTRAINT OF TRADE.A 'trade association' means an association of tradesmen, businessmen or manufacturers for the protection and advancement of their common interest, State of Gujarat v. Mahesh Kumar Dhirajlal Thakkar, AIR 1980 SC 1167: (1980) 2 SCC 322.It means any trade, business, industry, profession or occupation relating to the production, supply, distribution or control of goods and includes the provision of any services. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (s)]Means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services. [Competition Act, 2002 (12 of 2003), s. 2(x)]The ...
Under the authority of
Under the authority of, mean pursuant to the authority, such as where an agent or a servant acts under or pursuant to the authority of the principal or master, Heavy Engineering Mazdoor Union v. State of Bihar, AIR 1970 SC 82: (1970) 1 SCR 35: (1970) 1 SCJ 137: (1970) 1 SCA 43: 36 FJR 222: (1969) 2 Lab LJ 662: 19 Fac LR 258: (1970) Lab IC 3: (1989) 1 SCC 765. [Industrial Disputes Act, 1947, s. 2(a)]...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
unclean hands
unclean hands : an equitable doctrine: a complainant will be denied relief if he or she has engaged in misconduct (as acting in bad faith) directly relating to the complaint ;also : the condition of having engaged in such misconduct and being barred from equitable relief [may not be invoked by a plaintiff with unclean hands "Royal Sch. Labs., Inc. v. Town of Watertown, 358 F.2d 813 (1966)"] NOTE: Unclean hands on the part of the plaintiff is often pleaded as an affirmative defense by the defendant. ...
Lab
To prate to gossip to babble to blab...
Lock out
Lock out, in the case of a lock-out, the industry as such is not closed down even temporarily; only particular workers re refused work. Closing down a business even temporarilyis distinct and different from a lock-out, Indian Metal and Metallurgical Corporation v. Industrial Tribunal, AIR 1953 Mad 98.The word 'lock-out', as stated in the Presidency Jute Co's case [(1952) Lab AC 62], in its dictionary sense means refusal on the part of an employer to furnish to his operatives except on conditions to be accepted by the latter collectively, Feroz Din v. State of West Bengal AIR 1960 SC 363 (367): (1960) 2 SCR 319. [Industrial Disputes Act, 1947 (14 of 1947)]It means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ and number of persons employed by him. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (l)...
Newly set up establishment
Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous with 'undertaking' which has been defined, though in a different context, by this Court in Gymkhana Club Employees' Union v. Management, (1968) 1 SCR 742: AIR 1968 SC 554: (1967) 2 Lab LJ 720 to mean 'any business or any work or any project which one engages in or attempts as an enterprise analogous to business or trade'. The dictionary meaning of 'establishment' as given in Webster International Dictionary includes inter alia 'an institution or place of business, with its fixture and organised staff;as, large establishment, a manufacturing establishment'. 'Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence. This apparatus which is used for the purpose of carrying on trade, business or und...
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