Public Well - Law Dictionary Search Results
Home Dictionary Name: public well Page: 2Volenti non fit injuria
Volenti non fit injuria. Plow. 501.-(Where the sufferer is willing no injury is done.) See this maxim criticized by Lord Esher in Yarmouth v. France, (1887) 19 QBD at p. 653, and by Lord Watson in Smith v. Baker, 1891, AC (355). The question is one for the jury, Dublin, etc., Railway Co. v. Slattery, (1878) 3 App Cas 1155. For a recent application of the maxim, see Herd v. Weardale, etc., Co., 195, AC 67.Consent or 'leave and licence' may be said to be a defence in actions of tort or prosecutions (see Archbold, Cr. Pr.), where the consent is to the specific injury or act, unless the act amounts to the infliction of a serious physical injury or where the rights of the public as well as the individual sustaining harm have intervened. The public are interested in preventing one of their number from grievous bodily harm and from exhibitions which alarm the public conscience, such as prize-fights without gloves, duels, etc., and see LIBEL.The maxim has also been invoked in cases where the p...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
A public building
A public building, means a building used or constructed or adopted to be used for school as well, Green Park Association, Chandigarh v. Union Territory, Chandigarh, AIR 2006 (NOC) 568 (P&H)...
Dangerous place
Dangerous place. S. 30 of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53), provides as follows:-30. With respect of the repairing or enclosing of dangerous places the following provisions shall have effect (namely):-(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure, dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified in the notice and hereinafter in this s. referred to as the 'prescribed period,' to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local...
Public employment
Public employment, the expression 'pubic employ-ment' to mean both direct recruitment as well as promotion, Government of Andhra Pradesh v. Mohd Ghouse Mohinuddin, (2001) 8 SCC 416 (419); see also State of Andhra Pradesh v. A. Suryanarayanrao, 1991 Supp (2) SCC 367. (Constitution of India, Art. 371D)...
Charterhouse
A well known public school and charitable foundation in the building once used as a Carthusian monastery Chartreuse in London...
Infrastructure
Infrastructure, 'infrastructure' includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression 'infrastructure facilities' shall be construed accordingly. [Inland Water Ways Authority of India Act, 1985 (82 of 1985), s. 2(f)]Means the underlying framework of a system; esp., public services and facilities (such as highways, schools, bridges, sewers, and water systems) needed to support commerce as well as economic and residential development, Black's Law Diction-ary, 7th Edn., p. 784.Includes industrial, commercial or social infrastruc-ture for the development of a Special Economic Zone, West Bengal Special Economic Zone Act, 2003, s. 2(g).Includes industrial, commercial or social infrastruc-ture or any amenity for the development of the zone, Rajasthan Special Economic Zones Develop-ment Act, 2003, s. 2(g)...
Recruitment
Recruitment, 'recruitment' according to the dictionary means 'enlist'. It is a comprehensive term and includes any method provided for inducting a person in public service. Appointment, selection, promotion, deputation are all well-known methods of recruitment. Even appointment by transfer is not unknown, K. Narayanan v. State of Karnataka, AIR 1994 SC 55: (1994) Supp 1 SCC 44.The term 'recruitment' connotes and clearly signifies enlistment, acceptance, selection or approval for appointment. Certainly, this is not actual appointment or posting in service. In contradistinction the word 'appointment' means an actual act of posting a person to a particular office, Prafulla Kumar Swain v. Prakash Chandra Misra, (1993) Supp 3 SCC 181.It includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, ...
Requisition and acquisition
Requisition and acquisition, there are significant differences between 'requisition' and 'acquisition'. These have different legal consequences and these affect the owners concerned in different manners. The requisition is taking over of possession of the property normally for a limited period whereas the acquisition is taking over of title of the property permanently. But the State has the power both of requisition as well as acquisition, subject to one condition, i.e., the property acquired or requisitioned must be for public purpose, Jiwani Kumar Paraki v. First Land Acquisition Collector, AIR 1984 SC 1707: (1984) 4 SCC 612: (1985) 1 SCR 686....
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