S 106 - Law Dictionary Search Results
Home Dictionary Name: s 106Manufacturing purposes
Manufacturing purposes, The expression 'manu-facturing purposes' in s. 106 is used in its popular and dictionary meaning, the Transfer of Property Act not having supplied any dictionary of its own for that expression, Allenbury Engineers Pvt. Ltd. v. Ramkrishna Dalmia, AIR 1973 SC 425 (427): (1973) 2 SCR 257: (1973) 1 SCC 7. [Transfer of Property Act, (4 of 1882), s. 106]The word 'manufacture', according to its dictionary meaning, is the making of articles or material (now on large scale) by physical labour or mechanical power. (Shorter Oxford English Dictionary, Vol. I, p. 1203). According to the Permanent Edition of Words and Phrases, Vol. 26, 'manufacture' implies a change but every change is not manufacture and yet every change in an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use. To manufacture, according to its Diction...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Billeting soldiers
Billeting soldiers, finding quarters for them. This is regulated by Part III. Of the (English) Army Act, which replaces the Annual Mutiny Acts. See ARMY. In case of emergency it may be extended to the (English) Navy; see the Naval Billeting, etc., Act, 1914 (4 & 5 Geo. 5, c. 70).Billeting on any inhabitant of the realm without his consent is illegal by 3 Car. 1, c. 1, and other Acts, but s. 102 of the Army Act annually suspends these Acts, and s. 104 obliges constables to provide billets. s. 104 subjects all innkeepers, etc., to the billets, and exempts private houses. The accommodation to be provided is very precisely laid down by s. 106 and Schedule II., as amended from time to time; the maximum remuneration is fixed by the Army Annual Act, which is passed every year. See Chitty's Statutes, tit. 'Army.'...
Known sources of income
Known sources of income, the expression 'known sources of income' must have reference to sources known to the prosecution on a thorough investigation of the case. It was not, and it could not be, contended that 'known sources of income' means sources known to the accused. Affairs of the accused are matters specially within the knowledge of the accused; within the meaning of s. 106 of the Evidence Act, C.S.D. Swami v. State, AIR 1960 SC 7: (1960) 1 SCR 461. [Prevention of Corruption Act, 1947, s. 5(3)]The expression 'known sources of incomes' means 'sources known to the prosecution'. So also, the same meaning must be given to the words 'for which the public servant cannot satisfactorily account' occurring in s. 5(1)(e), State of Maharashtra v. Wasudeo Ramchandra Kaidalwar, AIR 1981 SC 1186; (1981) 3 SCC 199: (1981) 3 SCR 675.The expression 'known sources of income' has reference to sources known to the prosecution after thorough investigation of the case. It is not, and cannot be conten...
Documents (aircraft)
Documents (aircraft), means any certificate of registration, maintenance or airworthiness, log books and any similar document, Civil Aviation Act, 1982, s. 88(10) (UK) Halsbury's Laws of England (2) , para 1183, p. 576.Includes information recorded in any form and, in relation to information recorded otherwise than in legible form, reference to its production include references to producing a copy of the information in legible form, Banking Act, 1987, s. 106(1) (UK) Halsbury's Laws of England (2), para 35, p. 31.Given by way of charge is a document which only gives a right to payment out of a particular fund or property, and does not absolutely transfer the fund or property, Tancred v. Delagoa Bay and East Africa Rly. Co., (1889) 23 QBD 239 DC...
Chief Executive
Chief Executive, means a Chief Executive of a Multi-State Co-operative Society appointed under section 51 [Multi-State Co-operative Societies Act, (39 of 2002), s. 3(e)] In relation to an institution, means a person who, either alone or jointly with one or more other persons, is responsible under the immediate authority of the directors for the conduct of business of the institution, Banking Act, 1987, s. 106(2) (UK) Halsbury's Laws of England, Vol. 3(1), para 24, p. 21....
Fifteen day's wages
Fifteen day's wages, In any factory it is well known that an employee never works and could never be permitted to work for all the 30 days of the month. He gets 52 Sundays in a year as paid holidays and, therefore, the basic wages and dearness allowance are always fixed by taking into consideration this economic reality ..... A worker gets full month's wages not by remaining on duty for all the 30 days within a month but by remaining on work and doing duty for only 26 days. The other extra holidays may make some marginal variation into 26 working days, but all wage boards and wage fixing authorities or tribunals in the country have always followed this pattern of fixation of wages by this method of 26 working days, Digvijay Woollen Mills Ltd. v. Mahendra Prataprai Buch, AIR 1980 SC 1944: (1980) 4 SCC 106: (1981) 1 SCR 64....
Of
Of, 'of' is sometimes the equivalent of after. V.S. Metha (in re:), AIR 1970 AP 234 (236). (Factories Act, 1948, s. 106)Of, may denote 'novice, such as origin or existence. It is also defined as meaning 'belonging to, pertaining to, connected with or associated with'. It is also defined as meaning 'from, among by, concerning in, or over'. It also means 'owned or manufactured by' or it may mean residing or resident in, Corpus Juris Secundum (Vol. 67, p. 85)....
Campbell's (Lord) Acts (English)
Campbell's (Lord) Acts (English)-(1) for amending the practice in prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on such act, neglect, or default would have lain at the suit of the deceased had he not succumbed to his injuries. The damages recoverable are strictly on the basis of compensation [e.g., funeral expenses not recoverable, Clark v. London General Omnibus Co., 1906 (2) KB 648]. The action, which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The acti...
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