Right To Work - Law Dictionary Search Results
Home Dictionary Name: right to workRight to work
Right to work, Right to work as a fundamental right can only be considered in fundamental right in those cases where there is a legislative guarantee in the form of legislation. In the absence of right to work being fundamental right it will not fall within expression life under Article 21 and if so would not fall within expression life under Article 21 and if so would not fall within definition of human rights as set out under section 2(d) of the Act, State of Maharashtra v. Smt. Sobha Vitha Kolee, AIR 2006 Bom 44....
right-to-work
right-to-work : of, relating to, or being a law prohibiting labor agreements that require all employees to be union members ...
Royalty
Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Piracy
Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
Support
Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...
lease
lease [Anglo-French les, from lesser to grant by lease, from Old French laisser to let go, from Latin laxare to loosen, from laxus slack] 1 a : a contract by which an owner of property conveys exclusive possession, control, use, or enjoyment of it for a specified rent and a specified term after which the property reverts to the owner ;also : the act of such conveyance or the term for which it is made see also sublease compare easement, license security interest at interest, tenancy NOTE: Article 2A of the Uniform Commercial Code, which governs leases where adopted, defines lease as “a transfer of the right to possession and use of goods for a term in return for consideration.” build·ing lease : ground lease in this entry consumer lease : a lease made by a lessor regularly engaged in the selling or leasing of a product to a lessee who is leasing the product primarily for his or her personal or household use finance lease : a lease in which the lessor acquires g...
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