P C - Law Dictionary Search Results
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P.C. professional corporation ...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Enrollment
Enrollment, register, record; writing in which anything is recorded.The act of recording or registering, Black's Law Dictionary, 7th Edn., p. 551.By the Statute of Enrolments, 27 Hen. 8, c. 16, now repealed by the (English) L.P. Amendment Act, 1924 (15 Geo. 5, c. 5),Sch. 10, every bargain and sale of a freehold interest was required to be enrolled in Chancery within six [lunar] months after its date.No assurance before 1926 by a tenant-in-tail under the (English) Fines and Recoveries abolition Act, 1833 (3 & 4 Wm. 4, c. 74), will have any operation unless enrolled in the Central Office within six calendar months after its execution, which enrolment is sufficient of itself, even where the conveyance was by bargain and sale, within the Statute of Enrolments. This provision did not extend to copyholds, the enrolment then being on the Court-rolls of the manor. By s. 133 the (English) Law of Property Act, 1925, enrolment is not required in respect of assurances or instruments executed or ma...
Question of fact
Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...
Escaped assessment
Escaped assessment, the expression 'escaped asses-sment' includes that of a turnover which has not been assessed at all, because for one reason or other no assessment proceedings were initiated and therefore no assessment was made in respect there of, Ghanshyamdas v. Regional Asst. C.S.T., AIR 1964 SC 766: (1964) 4 SCR 436. [C.P. and Berar Sales Tax Act, (1 of 1947), s. 11A]See also C.I.T. v. Sun Engg. Coorss (P.) Ltd., (1992) 4 SCC 363: AIR 1993 SC 43....
Procedure
Procedure, 'procedure' in Article 21 cannot be arbitrary, unfair or unreasonable, Maneka Gandhi v. Union of India, AIR 1978 SC 597: (1978) 1 SCC 248: (1978) 2 SCR 621.The mode in which the successive steps in litigation are taken. The procedure of the Common Law courts was regulated by the C.L.P. Acts of 1852, 1854, and 1860; as to which see Day's C.L.P. Acts. As to the procedure in equity, consult Daniell's Chancery Practice, and Morgan's Chancery Acts and Orders. The procedure in actions in the High Court of Justice and the Court of Appeal is now governed under the (English) Judicature Act, 1925, for the most part by the Rules of the Supreme Court, based on the rules in the schedule to the (English) Judicature Act, 1875; but where no other provision is made by the Acts or those rules, the former procedure remains in force. See PRACTICE.Means the manner and form of enforcing of law. It must be taken to signify some step or method or manner or proceedings leading up to the deprivation ...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Scintilla juris et tituli
Scintilla juris et tituli [Lat.] (a spark of law and title).A possibility of seisin, which was supposed to exist in the grantee to uses, when all actual seisin was taken from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs until the marriage of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; now the marriage takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59).This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s. 7 of the (English) Law of Pro-perty Amendment Act, 1860 (now repealed by the (English) Law of Property Act, 1925, 7th Sch.), has been warmly contested. Lord Coke admitted it (Chudleigh's case, 1 Co., p. 121 a), so did Mr. Booth (s...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
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...
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