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Home Dictionary Name: persons Page: 4Delectus person'
Delectus person' (the choice of a person). It is an established principle of the Common Law that, as a partnership can commence only by the voluntary contract of the parties, so, when it is once formed, no third person can be afterwards introduced into the firm without the concurrence of all the partners who compose the original firm. It is not sufficient to constitute the new relation that one or more of the firm shall have assented to his introduction; for the dissent of a single partner will exclude him, since it would, in effect, otherwise amount to a right of one or more of the partners to change the nature, and terms, and obligations of the original contract, and to take away the delectus person', which is essential to the constitution of a partner-ship. So stubborn, indeed, is this rule, that even the executors and other personal representatives of a partner do not, in that capacity, succeed to the state and condition of that partner. The Roman Law is directed to the same purpos...
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)]...
Personal character and conduct
Personal character and conduct, dealing with meaning of the expression 'personal character and conduct' found in s. 123(4), Subba Rao, J., speaking for the Court in T.K. Gangi Reddy v. M.C. Anjaneya Reddy (XXII, ELF 266) observed at p. 266 of the report: 'the words 'personal character or conduct' are so clear that they do not require further elucidation or definition. The character of a person may ordinarily be equated with his mental or moral nature, conduct connotes a person's actions or behaviors', Guruji Shrihari Baliram Jivatode v. Vithalrao, AIR 1970 SC 1841: (1969) 1 SCC 82: (1969) 2 SCR 766; see also B.P. Maurya v. Prakash Vir Shastri, (1969) 2 SCC 634: AIR 1970 SC 522....
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:...
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)]...
Committee 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)....
Any person not being the accused
Any person not being the accused, the words 'any person not being the accused' in s. 319 would cover any person who is not already before the Court in the case in which order under s. 319 is passed. It is the duty of the Court to bring before it any person who appears to have committed an offence and to convict and pass an appropriate order of sentence on proof of such person having committed the offence, Jarnail Singh v. State of Haryana, (2003) 9 SCC 328 (332). (Criminal Procedure Code, 1973 s. 319)...
personal representative
personal representative : one recognized as the representative of another party or his or her interests ;specif : an executor or administrator who may bring or be subject to an action or proceeding for or against a deceased person and his or her estate [when a person who has brought an action for personal injury dies pending the action, such action may be revived in the name of his personal representative "Code of Virginia"] ...
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 ...
Person accused of an offence
Person accused of an offence, only a person against whom a formal accusation of the commission of an offence has been made can be a person 'accused of an offence' within the meaning of Article 20(3). Such formal accusation may be specifically made against him in an FIR or a formal complaint or any other formal document or notice served on that person, which ordinarily results in his prosecution in court, Balkishan A. Devidayal v. State of Maharashtra, AIR 1981 SC 379: (1980) 4 SCC 600: (1981) 1 SCR 175....
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