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Home Dictionary Name: road board Page: 2 Page 2 of about 18 results (0.004 seconds)Passengers
Passengers, persons conveyed from one place to another. Passenger ships are those peculiarly appropriated to the conveyance of passengers, as distinguished from cargo ships. In some respects, passengers by ship may be considered as a portion of the crew. They may be called on by the master or commander of the ship, in case of imminent danger, either from tempest or enemies, to lend their assistance for the general safety; and in the event of their declining, may be punished for disobedience. This principle has been recognized in several cases; but as the authority arises out of the necessity of the case, it must be exercised strictly within the limits of that necessity, Boyce v. Bayliffe, (1807) 1 Camp 58.A passenger is not, however, bound to remain on board a ship in the hour of danger, but may quit it if he has an opportunity; and he is not required to take upon himself any responsibility as to the conduct of the ship; if he incurs any responsibility, and perform extraordinary servic...
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...
Actio personalis moritur cum persona.
Actio personalis moritur cum persona. A personal action dies with the person, i.e., the right to sue is gone. 'As if battery be done to a man, if he who did the battery or the other die, the action is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action may be brought by the personal representatives of a deceased person for injury done to his property in his lifetime. It has also been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry, Finley v. Chirney, (1880) 20 QBD 494, or to write a book or paint a picture, See Leake on Contracts; Broom's Max.; Twycross v. Grant, (1877) 4 CPD 40; Phillips v. Homfray, (1993) 24 Ch D 439; and Jones v. Simes, (1890) 43 Ch D 607 as to injunction.This rule of the Common Law has been encroached upon by various statutes; by 4 Edw. 3, c. 7, as to trespas...
Area
Area [Lat., a threshing-floor], (1) an enclosed yard or open place connected with a house; (2) a district for particular purposes, as a school board area, a parliamentary electoral area, a local government district (see Part viii of the Public Health Act, 1875), a Poor Law Union of parishes, as to which, see UNION; (3) Metaphor, the region of discussion; (4) In the London Building Act, 1930, s. 5, contains this definition: 'area' in relation to a building means the superficies of a horizontal section thereof made at the point of its greatest surface inclusive of the external walls and of such portions of the party walls as belong to the building.'Area' means the area (including all the buildings, structures or other properties comprises therein) specified in the Schedule. [Acquisition of Certain Area at Ayodhya, (33 of 1993), s. 2(a)]An area simpliciter is certainly not a route. Its potentiality to become a route would not make it a route. A route is an area plus something more, C.P. S...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
Gas
Gas. See the (English) Gasworks Clauses Act, 1847, and other Acts set out in Chitty's Statutes, tit. 'Gas.'By s. 161 of the (English) Public Health Act, 1875 (see also (English) Road Traffic Act, 1934 (24 & 25 Geo. 5, c. 50), s. 23), any urban authority may contract with any person for the supply of gas or other means of lighting their district, and provide lamps and other materials for such lighting; or where there is not any company or person authorized by Parliament to supply gas, may themselves undertake to supply gas to their district or such part of it as is not within the limits of supply of any such company or person. by s. 162, an urban authority for the purpose of supplying gas to their district may (with the sanction of the Board of Trade) buy, and the directors of any gas company (duly authorized as required by the Act) may sell and transfer their undertaking to such authority, on agreed terms.Originally gas was supplied to a prescribed illumi-nating standard. Later, when t...
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
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