Notified Order - Law Dictionary Search Results
Place
Place, denotes an area within known boundary areas notified to be within two different boundaries cannot be same place, Bajaj Plastic Ltd. v. Collector Central Excise, (1987) 1 Bom LR 566: (1987) Mah LR 681.Place, is not a synonym for country and it is one of the rules of interpretation that surplusages are not used in enactments. The word 'place' definitely connotes a different meaning from the word 'country'. It means that where the product of one town is being described as the product of another town, Dharam Deo Gupta v. State, AIR 1958 All 865.Place, may be a large area; all that is necessary is that the place should be sufficiently so defined that the public is reasonably notified of its extent. There is not much distinction between a place and an area, and so long as it is clearly specified and well-defined in the order, there is no illegality in including an area as large as a district within the scope of an order. The public generally can be subjected to the inhabitation irresp...
Service
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,...
Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Local authority
Local authority, includes panchayatiraj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civil services, within a specified local area. [Disaster Management Act, 2005, s. 2(h)]It is the political subdivision functioning within the framework of constitution and enjoying certain degree of autonomy serving as administrative units for state services, Dictionary of Political Science, Joseph Dunner, 1965, p. 321.Means a municipal corporation, a municipal council, a Nagar Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat Constituted or Continued under any law for the time being in force. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(e)]Means a municipal corporation, Nagar Panchayat, Municipal Council, District Panchayat, Taluka Pa...
Currency
Currency, coin; bank notes, or other paper money issued by authority, and which re continully passing as and for coin. See the (English) Coinage Act, 1870 (33 & 34 Vict. c. 18), repealing 56 Geo. 3, c. 68, and other enactments; and COIN and TENDER.It includes all currency notes, postal notes, postal orders, money orders, cheques, drafts, travellers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (h)]...
Unbounded sugarcane
Unbounded sugarcane, it must be stated however, that neither the expression 'bonded sugarcane' nor 'unbonded sugarcane' has been defined either in the statue or in the U.P. Sugarcane Supply and Purchase Order, 1954 and, therefore, regard must be had to the ordinary dictionary meaning of the said expressions. In shorter Oxford English Dictionary the legal and technical meaning of the expression 'bond' is given as 'a deed by which the obligor binds himself, his heirs, executors, or assigns to pay a certain sum to the oblige.' In stroud's judicial Dictionary (4th Edn.) the expression 'bond' is explained as: an obligation by deed'. It will thus be clear that the expression 'bonded sugarcane' must mean sugarcane secured by a bond or deed. Under the Notification of the Cane Commissioner dated June 1, 1955 certain deductions from the minimum price per maund of cane fixed for the season 1954-55 had been notified in respect of the 'Unbonded sugarcane' crushed on or after May 1, 1955 In other wo...
Dairy
Dairy.--By the (English) Public Health Acts Amendment Act, 1907, s. 13--The expression 'dairy' includes any farm, farmhouse, cowshed, milk store, milk shop, or other place from which milk is supplied or in which milk is kept for the purposes of sale within (unless otherwise expressed) the district of the local authority:By the same Act dairymen must furnish (s. 53) a list of their sources of supply, and notify (s. 54) when any infectious disease exists among their servants.As to the power of the Ministers of Health and Agriculture and Fisheries to make orders for the registration of dairymen and regulations for carrying on their trade, see the (English) Milk and Dairies (Consolidation) Act, 1915, and the (English) Milk and Dairies (Amendment) Act, 1922, as amended by the (English) Milk Act, 1934, amending and consolidating the general law on the subject of dairies and the milk trade. See also (English) Sale of Goods (Weights and Measures) Act, 1926 (16 & 17 Geo. 5, c. 63) and the (Engl...
Election Commission
Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representati...
Partnership
Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying Act of fifty s.s, 'to declare and amend the law of partnership,' which, in effect, transfers the law of the subject from the region of reported cases to that of the statute; Bovill's Act' (see that title) of 1865 (28 & 29 Vict. c. 86), and a small part of the (English) Mercantile Law Amendment Act of 1856, being the only previous statutory enactments on the subject.Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership property and their rights and duties in relation to the partnership. They provide, amongst other things, for equal shares in profits and equal contributions to losses; for indemnification of every partner by the firm in respect of payments properly made...
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