Regulation And Restriction - Law Dictionary Search Results
Regulation and restriction
Regulation and restriction, a distinction between 'regulation' and 'restriction' or 'prohibition' has al-ways been drawn, ever since Municipal Corporation of the City of Toronto v. Virgo, 1896 AC 88: 73 LT 449. 'Regulation' promotes the freedom or the facility which is required to be regulated in the interest of all concerned, whereas 'prohibition' obstructs or shuts off, or denies it to those to whom it is applied. The Oxford English Dictionary does not define 'regulate' to include prohibition so that if it had been the intention to prohibit the supply, distribution, consumption or use of energy, the Legislature would not have contended itself with the use of the word 'regulating' without using the word 'prohibiting' or some such word to bring out that effect, State of U.P. v. Hindustan Aluminium Corpn., AIR 1979 SC 1459 (1466): (1979) 3 SCC 229: (1979) 3 SCR 709....
Increase of Rent and Mortgage (Restrictions) Acts (English)
Increase of Rent and Mortgage (Restrictions) Acts (English). A series of statutes, each of a temporary character, curtailing the contractual rights, in respect of certain classes of property, of landlords and mortgagees. This legislation was rendered necessary, in the first instance, by the conditions caused by the outbreak of the Great War. The continuance of the protection to tenants and mortgagees of dwelling-houses afforded by the later Acts was made necessary by the housing shortage, caused principally by the economic effects of the war. The Courts (Emergency Powers) Act,1914 (4 & 5 Geo. 5, c. 78), was the first of such Acts: it restricted the right to levy distress or resume possession of property by landlords and of mortgagees to foreclose or realize their security. This Act was followed by a series of complicated statutes which imposed restrictions on increasing the rent and mortgage interest on properties falling within their scope. the obscure and ambiguous drafting of these ...
restriction
restriction 1 : something that restricts: as a : a regulation that restricts or restrains b : a limitation on the use or enjoyment of property or a facility 2 a : an act of restricting b : the state of being restricted ...
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...
Lights of vehicles
Lights of vehicles. The (English) Road Transport Lighting Act, 1927 (17 & 18 Geo. 5, c. 37), provides for the lighting of vehicles of every description (except railway locomotives, carriages and trucks, tramcars, trolley vehicles), but including machines and implements of any kind, whether drawn by animal or propelled mechanically. Briefly, the Act deals as follows:-S. 1. Obligatory lights to be carried by vehicles at night.S. 2. Restrictions on the number and nature of lamps to be carried.S. 3. Conditions regulating the use of lamps on vehicles.S. 4. Restrictions on movement of lamps.S. 5. Special provisions as to bicycles and tricycles.S. 6. Horse-drawn vehicles.S. 7. Vehicles carrying overhanging or projecting loads.S. 8. Special provisions as to vehicles towing and being towed.S. 9. Regulations as to reflectors.Penalties, repeals, provisions as to regulations, etc.As to bicycles, see the (English) Road Traffic Act, 1934 (24 & 25 Geo. 5, c. 50), s. 19. (English) Road Transport Light...
Slaughterhouses
Slaughterhouses, are licensed in the Metropolis under Public Health (London) Act, 1936 (26Geo. 5 & 1 Edw. 8, c. 50), s. 144, repealing the Public Health (London) Act, 1891, s. 20, and in large towns by the Towns Improvement Clauses Act, 1847, ss. 125-131, incorporated by the Public Health Act, 1875, s. 169; by which Act it includes the buildings and places commonly called slaughter-houses and knacker's yards, and any building or place used for slaughtering cattle, horses or animals of any description for sale. As to the powers of the Ministry of Agriculture to regulate and restrict the slaughter of animals used for food, see the Slaughter of Animals Act, 1914.It means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption. [Cantonments Act, 1924, s. 2(xxxiv)]...
Regulate
Regulate, does not include 'prohibition', Asoke Chowdhury v. State of West Bengal, AIR 2007 Cal 176.Regulate, includes prohibition, K. Ramanathan v. State of Tamil Nadu, AIR 1985 SC 660.Regulate, is derived from the latin word 'rego and regula'. It is a word of broad import having a broad meaning and is very comprehensive in scope, Corpus Juris Secundum, Vol. 76, p. 610.Regulate, is variously defined as meaning to adjust; to adjust, order, or govern by rule, method, or established mode; to adjust or control by rule, method, or established mode, or governing principles or laws; to govern; to govern by rule; to govern by, or subject to, certain rules or restrictions, to govern or direct according to rule; to control, govern, or direct by rule or regulations, Corpus Juris Secundum, Vol. 76, p. 611.Means to control or to adjust by rule or to subject to governing principles, U.P. Co-op. Cane Unions Federations v. West U.P. Sugar Mills Assn., (2004) 5 SCC 430.Means to direct by rule or restr...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Agricultural Marketing Acts, 1931 to 1933
Agricultural Marketing Acts, 1931 to 1933 (English), The Act of 1931 (21 & 22 Geo. 5, c. 42) enables schemes to be made for regulating the marketing of agricultural products, foods and drinks made or derived therefrom, and fleeces and skins of animals, to establish marketing boards in connection with such schemes, to establish funds for loans to these boards, and to encourage agricultural co-operation, research and education. The Act of 1933 (23 & 24 Geo. 5, c. 31) amends and extends the 1931 Act by provisions for restrictions on the importation and sale of agricultural products and for the production of such secondary agricultural products wholly or partly manufactured or derived from another agricultural products as may be specified by an order in force under s. 7, Part II., of the Act of 1933. Schemes under the Act of 1931 may be submitted by the Minister of Agriculture and Fisheries after consultation with the Board of Trade by laying a draft before each House of Parliament, and if...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
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