Person - Law Dictionary Search Results
Home Dictionary Name: person Page: 2Committee of a Person of Unsound Mind or Idiot
Committee of a Person of Unsound Mind or Idiot, the person to whom the care and custody of the person and estate, or either, of a person of unsound mind is committed by the Court. Separate committees may be appointed (a) of the person, (b) of the estate, and joint committees may be appointed for either or both of these purposes. See (English) Lunacy Act, 1890 (53 & 54 Vict. c. 5), s. 120. A committee can only be appointed after a formal inquisition. In practice, receivers are generally appointed under the (English) Lunacy Acts, 1890 (53 Vict. c. 5), s. 116; 1908 (8 Edw. 7, c. 47), s. 1, and 1922 (12 & 13 Geo. 5, c. 60)....
Competent person
Competent person, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests examinations and inspections required to be done in a factory under the provisions of this Act having regard to-(i) the qualifications and experience of the person and facilities available at his disposal; or(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory. [Factories Act, 1948 (63 of 1948), s. 2 (ca)]...
Displaced person
Displaced person, According to the definition of the term in East Punjab Act XXXVI of 1949, a 'displaced person' means 'a landholder in the territories now comprised in the Province of Punjab in Pakistan or a person of the Punjab extraction who holds land in the (West Pakistan) and who has since the last day of March 1947, abandoned or has been made to abandon his land in the said territories on account of civil disturbances or the fear of such distur-bances, or the partition of the country', Munshi Ram v. Financial Commissioner, (1979) 1 SCC 471: AIR 1979 SC 588: (1979) 2 SCR 846.Displaced person means any person who, on account of civil disturbances or of the fear of such disturbances in any area now forming part of Bangladesh, has, after the 14th day of April, 1957 but before the 25th day of March, 1971, left, or has been displaced from, his place of residence in such area and who has since then been residing in India. [Pharmacy Act, 1948, s. 32B(1)(c) Expl. (i)]...
Displaced Person and refugee
Displaced Person and refugee, the expression 'dis-placed person' or the word 'refugee' has been used in the relevant enactments with reference to a person who has migrated to India as a result of disturbances or fear of disturbances or the partition of the country. Therefore, if a person had died before the disturbances took place or he had never migrated to India as a result of the disturbances and he died before such migration he could not come within the meaning of the expression 'displaced person' or the word 'refugee' under the relevant statutory enactment's, Chief Settlement Commissioner v. Om Prakash, AIR 1969 SC 33: (1968) 3 SCR 655. [Punjab (Refugees Registration of Land Claims) Act, 1948, (12 of 1948)]...
Person employed
Person employed, 'person employed' means - (a) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking; (b) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertak-ing, a person wholly or principally employed in connection with the business of the establishment, and includes a peon, T. Devadasan v. Gordon Woodroffe and Co. (P) Ltd., AIR 1972 SC 1479: (1972) 3 SCC 700: (1973) 1 SCR 213. [T.N. Shops and Establishment Act, 1947, s. 2 (12) (iii)](ii) According to the definition in s. 2(14) of the Andhra Pradesh (Telengana Area) Shops and Establishments Act, 1951 even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a 'person employed' within the meaning of the sub-section, Silver Jubilee Tailoring House v. Chief Inspector of Shops and Establishments, AIR 1974 SC 37 (44, 45): (1974) 3 SCC 498:...
Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
reasonable person
reasonable person : a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something (as the existence of negligence) [we have generally held that a reasonable person would not believe that he or she has been seized when an officer merely approaches that person in a public place and begins to ask questions "State v. Cripps, 533 N.W.2d 388 (1995)"] called also reasonable man ...
person
person 1 : natural person 2 : the body of a human being ;also : the body and clothing of a human being [had drugs on his ] 3 : one (as a human being or corporation) that is recognized by law as the subject of rights and duties see also juridical person, legal person, personality per·son·hood n ...
Dangerous person
Dangerous person, 'dangerous person' means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860), or any of the offences punishable under Chapter V of the Arms Act, 1959 (54 of 1959); Rashidmiya alias Chhava Ahmedmiya v. Police Commissioner (1989) 3 SCC 321:AIR 1989 SC 1703 (1706).Means a person who habitually commits or attempts to commit or abets commission of offences, either by himself or as a member of or leader of a gang, Ayub v. S.N. Sinha, AIR 1990 SC 2069 (2071). [Gujarat Prevention of Anti-Social Activities Act (16 of 1985), s. 2(c)]...
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