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Minor Dispute - Law Dictionary Search Results

Home Dictionary Name: minor dispute

minor dispute

minor dispute : a dispute between an employer and a union that under the Railway Labor Act can be resolved through interpretation of the existing collective bargaining agreement compare major dispute ...


major dispute

major dispute : a labor dispute that pursuant to the Railway Labor Act concerns the making or modification rather than the interpretation of a collective bargaining agreement called also new contract dispute; compare minor dispute NOTE: Under the Railway Labor Act, which is also referred to in airline cases, a major dispute must go to mediation or arbitration if necessary. ...


Minorities

Minorities, means 'groups held together by ties of common descent, language or religious faith and feeling different in these respects from the majority of the inhabitants of a given political entity, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.The Constitution of India recognizes two categories of minorities, viz. religious minorities and linguistic minorities; have the fundamental right to establish and administer educational institutions of their choice and to conserve the district language, scripts or culture of their own, Constitution of India, Art. 29 and 30.Minority [fr. minor, Lat.], the state of being under age--e.g., twenty-one years. also, the smaller number.The minority under article 30 of the Constitution of India mean those from a distinct and identifiable group of citizens of India, St. Stephen's College v. University of Delhi, AIR 1992 SC 1630 (1646). [Constitution of India, Article 30]The word 'minority is not defined in the Constitution but literally...


Arbitration

Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...


small claims court

small claims court : a special court intended to simplify and expedite the resolution of minor disputes involving small claims ...


Industrial dispute

Industrial dispute, means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a con...


Takes or entices any guardian of such minor

Takes or entices any guardian of such minor, the words 'takes or entices any minor out of the keeping of the lawful guardian of such minor' ins. 361, are significant. The use of the word 'Keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 197...


Minor

Minor, a person under twenty-one years of age. There is no legal distinction between a minor in this sense and an infant. See INFANT. Strictly speaking, in Scotland a minor is a person between the ages of pupilarity and majority--in males from fourteen to twenty-one years and females from twelve to twenty-one years. minors must act with a curator if they have one, whereas pupils (under the age of pupilarity) act through their tutor. These are summary disabilities imposed by Common Law and Statute on minors.It means a person of either sex who is under eighteen years of age. [Child Marriage Restraint Act, 1929, s. 2 (d)]It means a person who has completed the age of sixteen years but has not completed the age of eighteen years. [Immoral Traffic (Prevention) Act, 1956, s. 2 (cb)]It means a person who has not attained the age of eighteen years. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (ff)]It means a person who has not attained the age of eighteen years. [Citizenship Act, 19...


arbitration

arbitration [Latin arbitratio, from arbitrari to judge, arbitrate, from arbiter onlooker, arbitrator] : the process of resolving a dispute (as between labor and management) or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding compare mediation final offer arbitration : interest arbitration in which the arbitrator must accept or reject the final offer of any party and may not decide to compromise grievance arbitration : arbitration of a dispute over something in an existing collective bargaining agreement called also rights arbitration compare interest arbitration in this entry interest arbitration : arbitration of a dispute over the provisions to be entered in a new contract compare grievance arbitration in this entry rights arbitration : grievance arbitration in this entry ar·bi·tra·tion·al [Ä r-bə-trā-shə-nəl] adj ...


Dispute

Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...


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