Reservation - Law Dictionary Search Results
Home Dictionary Name: reservation Page: 6 Page 6 of about 289 results ( seconds)Public services and posts
Public services and posts, means the services and posts in connection with the affairs of the State and includes services and posts in-(i) a local authority; (ii) a co-operative society established under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which Government is a shareholder; (iii) a Board or a corporation on a statutory body established by or under a Central or a State Act, which is owned and controlled by the Government, or a Government Company as defined in s. 617 of the Companies Act, 1956 (1 of 1956); (iv) an educational institution owned and controlled by the Government, which receives grant-in-aid from the Government including a University established by or under a Maharashtra Act; (v) any establishment; and (vi) respect of which reservation was applicable by government orders on the date of commencement of this Act and which are not covered under sub-clauses (i) and (v), The Maharashtra State Public Services (Reservation for Scheduled Castes, ...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Revocation and new appointment
Revocation and new appointment. The appoint or may reserve a power of revocation and new appointment in the deed of appointment, although not expressly authorized so to do by the assurance creating the power; and such a power may be reserved toties quoties. By a revocation the original power revives. When a deed of appointment contains no power of revocation it is absolute and cannot be revoked, although there be a power of revocation in the assurance creating the power. When a power is executed by will, an express power of revocation need not be reserved, since a will is always revocable. Consult Sugden or Farewell on Powers....
Territorial Army (English)
Territorial Army (English). A body of men first created as the Territorial Force by the Territorial and Reserve Forces Acts, 1907, to replace the Yeomanry and Volunteers. As to the position of the Militia, see that title. The scheme upon which the Act is based is the organization of the Force by counties through County Associations (ss. 1-5). Enlistments is generally for four years, and with a right to the soldier to obtain his discharge earlier on giving three months' notice, paying a sum not exceeding 5l., and giving up arms, clothing, etc., in good condition, except that he loses this right when the Army Reserve has been called out on permanent service. All ranks are subject to military law when serving, and officers, other than members of the permanent staff, if on the active list, at all times [Army Act, 1881, s. 175 (3) (A), as amended by the Territorial Army and Militia Act, 1921 (11 & 12 Geo. 5, c. 37), s. 4 (1)], and Army Act, 1881, s. 176 (6) (A)]. The Force may be called out...
Supervise
Supervise, and its derivatives are not words of precise import and must often be construed in the light of the context, for, unless controlled, they cover an easily simple oversight and direction as manual work coupled with a power of inspection and superintendence of the manual work of others, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305.The word 'supervise' covers manual work coupled with a power of inspection and superintendence of the manual work of others, R.B. Employees Association v. Reserve Bank, AIR 1966 SC 305 (314). [Industrial Disputes Act, 1947 s. 2(s)...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Peppercorn
Peppercorn. When it is desired to reserve only a nominal rent for any period, a 'peppercorn, if demanded,' is usually reserved. A writing showing that a peppercorn has been handed over is not 'a receipt for the last payment due for rent' within s. 3 (4) of the (English) Conveyancing Act, 1881. See now (English) Law of Property Act, 1925, s. 45 (2) and (3) (Re Moody and Yates, (1885) 30 Ch D 344). These rents may be reserved in building leases by mortgagors and mortgagees [(English) Law of Property Act, 1925, s. 99], and in building and forestry leases by tenants for life. [(English) Settled Land Act, 1925, ss. 44 and 48]...
Working funds
Working funds, the words 'working funds', when used in relation to a banking company, are not to be construed in their ordinary popular sense by reference to a dictionary. They have a history of their own and they have acquired a definite meaning. In the Sastri Award made in 1953 in regard to industrial disputes between certain banking companies and their workmen, the words 'working funds' were defined to mean paid-up capital, reserves and the average of the deposits for 52 weeks of each year for which weekly returns of deposits are submitted to the Reserve Bank of India under the provisions of the Reserve Bank of India Act. This is the sense in which they must be deemed to have been used by the legislature when it enacted clauses (ii) and (iii) of the proviso to Item 2 of the Third Schedule, Workmen of National & Grindlays Bank Ltd. v. National & Grindlays Bank Ltd., AIR 1976 SC 611: (1976) 1 SCC 925: (1976) 3 SCR 130...
Bank
Bank, Commercially it is a place where money is deposited for the purpose of being lent out at interest, returned by exchange, disposed of to profit, or to be drawn out again as the owner shall call for it. Special provisions are contained in the (English) Companies Act, 1929 relating to Banks. By s. 358, no company, association or partnership consisting of more than ten members shall be formed for the purpose of carrying on a banking business unless it is registered under the Act or formed in pursuance of an Act of Parliament or of letters patent. By s. 360, the liability of the members of a banking limited company remains unlimited in respect of the bank's liability for bank-notes issued by it. As to signature of balance sheets, see s. 129 and ANNUAL RETURNS, ss. 108 and 361. See also JOINT STOCK BANKS and LIMITED LABILITY, and consult Grant, Paget, or Walker on Banking, Chitty's Statutes, tit. 'Bank.'Means financial institution engaged in the accepting of deposits of money, granting...
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
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