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Managing Agency - Law Dictionary Search Results

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Managing agency

Managing agency, Managing agency is itself a business, J.K. Trust v. Commissioner of Income Tax/Excess Profits Tax, AIR 1957 SC 846: (1958) SCR 65. [Income Tax Act, 1922, s. 4 (3)]It includes--(i) Secretaries and Treasurers;(ii) Where the managing agent is a company, and director of such company, and any member thereof who holds substantial interest in such company.(iii) Where the managing agent is a firm, any partner of such firm. [Banking Regulation Act, 1949 (10 of 1949), s. 5 (gg)]...


Worker, directly or through any agency

Worker, directly or through any agency, a 'worker' under the definition means a person employed, directly or through any agency. The words 'directly or through any agency' indicate that the employment is by the management directly or through some kind of employment agency and in either case there is a contract of employment between the management and the persons employed. Admittedly the coolies were not employed by the management; there was no privity of contract between them and the management, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (393). [Factories Act, 1948, s. 2(l)]...


agency

agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...


Manager

Manager, a superintendent, a conductor, or director. As to the appointment of a manager of a business at the instance of a mortgagee, see Coote on Mortgages. As to managers appointed by debenture holders, see (English) Companies Act, 1929, s. 86, and Part VI. Of that Act relating to receivers and managers. As to special manager.[See (English) Bankruptcy Act, 1914, s. 10; (English) Companies Act, 1929, s. 209]Manager means a person who, subject to the control and direction of the directors, has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract or service or not. It will be clear that to satisfy the aforesaid definition a person, which could include a firm, body corporate or an association of persons, apart from being in management of the whole affairs of a company had to be 'subject to the control and direction of the directors'. This definition has underg...


Revocation of agency

Revocation of agency. An agency is dissolved or determined in several ways:-(I) by the act of the principal, either(a) Express, as(1) By direct and formal writing, publicly a advertised;(2) By informal writing to the agent privately;(3) By parol; or(b) Implied from circumstances as by appointing another person to do the same act, where the authority of both would be incompatible.The exceptions to the power of the principal to revoke his agent's authority at mere pleasure are--(1) When the principal has expressly stipulated that the authority shall be irrevocable, and the agent has also an interest in its execution.(2) Where an authority or power is coupled with an interest, or is given for a valuable consideration, or is a part of a security, unless there is an express stipulation that it shall be revocable.(3) When an agent's act in pursuance of his authority has become obligatory, for nemo potest mutare consilium suum in alterius injuriam.(II.) By the agent's giving notice to his pri...


Managing agent

Managing agent, means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer. [Workmen's Compensation Act, 1923 (80 of 1923), s. 2 (1) (f)]Means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement, and includes any person, firm or company occupying such position by whatever name called.Explanation.--If a person occupying the position of managing agents calls himself manager or managing director, he shall nevertheless be regarded as managing agent for the purposes of s. 32 of this Act. [Insurance Act, 1938 (4 of 1938), s. 2(13)]...


state workforce agency

state workforce agency The agency or bureau in each State that deals with employment and labor issues. For the address of workforce agency in each State go to the U.S. Department of Labor Foreign Labor Certification site. Source: Department of State. March 2007. ...


Instrumentality, Agency

Instrumentality, Agency, instrumentality and agency are the two terms which to some extent overlap in their meaning; 'instrumentality' includes 'means' also, which 'agency' does not, in its meaning, Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111 (143). (Constitution of India, Article 12)...


Private security agency

Private security agency, means a person or body of person other than a government agency; depart-ment or organization engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property. [The Private Security Agencies (Regulation) Act, 2005, s. 2(g)]...


Management of the society

Management of the society, the expression 'management of the Society' used in s. 96(1) of the Act of 1961. Grammatically, one meaning of the term 'management' is: 'the Board of Directors' or 'the apex body' or 'Executive Committee at the helm which guides, regulates, supervises, directs and controls the affairs of the Society'. In this sense it may not include the individuals who under the overall control of the governing body or Committee, in the day-to-day business of the Society, see words and phrases, by West publishing Co., Permanent Edition, Vol. 26, page 357, citing Warner and Swasey Co. v. Rusterholz D. C. Minn, 41 F Supp 398. Another meaning of the term 'management', may be: 'the act or acts of managing or governing by direction, guidance, superintendence, regulation and control, the affairs of a Society', Gujarat State Co-operative Land Development Bank Ltd. v. P.R. Mankad, AIR 1979 SC 1203: (1979) 3 SCC 123: (1979) 2 SCR 1023....


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