Person In Charge - Law Dictionary Search Results
Probation
Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, ha...
Falsely charges
Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge' must refer to the criminal or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words 'falsely charges' have to be read along with the expression 'institution of criminal proceeding'. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their content sense. They get as it were their colour and content from each other. They seems to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedi...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Vendor's lien for unpaid purchase money
Vendor's lien for unpaid purchase money. Where a vendor of land conveys, without more, although the consideration is expressed to be paid both in the body of the deed and by a receipt endorsed on the back of it, still if the money or part of it was not in fact paid, a lien arises as between the vendor and the purchaser, and persons claiming as volunteers, for so much of the purchase money as remains unpaid. The mere giving of security will not prevent the lien arising, unless it appears that the security was to be substituted for the lien. Similarly a purchaser will have a lien for prematurely paid purchase money, see Mackreth v. Symmons, (1808) 15 Ves 329; 1 W &TLC.If the lien arose before 1926 and was not transferred after 1925, a purchaser for value of the legal estate in the land from the original purchaser will take it subject to the lien if he had notice of it, and in all cases where a pre-1926 lien has been transferred or a lien has arisen since 1925, it must be registered under...
In charge of
In charge of, A person 'in charge of' and responsi-ble to the company for the conduct of the business of the company contemplated in s. 34(i) must be a person in overall control of the day to day business of the company or firm, State of Karnataka v. Pratap Chand, AIR 1981 SC 872: (1981) 2 SCC 335: (1981) 3 SCR 200...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Trade practice
Trade practice, means any practice relating to the carrying on of any trade, and includes:(i) anything done by any person which controls or affects the price charged by, or the method of trading of, any trader or any class of traders,(ii) a single or isolated action of any person in relation to any trade. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2(u)]S. 2 of MRTP Act, 1969 is the definition s. and clause (ii) of this s. defines 'trade practice' to mean any practice relating to the carrying on of any trade, and includes (i) anything done by any person which controls or affects the price charged by, or the method of trading of, any trader or any class of traders, (ii) a single or isolated action of any person in relation to any trade, Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....
Floating charge
A charge lien etc that successively attaches to such assets as a person may have from time to time leaving him more or less free to dispose of or encumber them as if no such charge or lien existed...
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