S 30 - Law Dictionary Search Results
Home Dictionary Name: s 30Valuable security
Valuable security, certificates the appellant has been found to have forged to get admission in the Arts and Commerce College affiliated to Poona Univer-sity could not be described as 'valuable security' within the meaning of s. 30 of the Indian Penal Code, Shaikh Noor Mohd. Shaikh Fazal v. State of Maharashtra, (1980) 4 SCC 551: AIR 1981 SC 297 (298). [Penal Code (45 of 1860), ss. 30, 465, 467, 471]The words 'valuable security' denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right, see also. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2, Expl. II; (English) Penal Code, 1860, s. 30]The assessment order is certainly a 'document', under s. 29, IPC. The order of assessment does create a right, in the assessee, in the sense that he has a right to pay tax only on the total amount assesse...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Further advance, or charge
Further advance, or charge, a second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional security, Equity considers the arrears of interest on a mortgagee security converted into principal, by agreement between the parties, as a further advance.Although the tacking of a third or subsequent mortgage has been abolished by the Law of Property Act, 1925, s. 94, that s. has expressly preserved the right to tack a further advance by a prior mortgage so that the advance may rank in priority to subsequent mortgages, even if the further advance was made with notice of a subsequent mortgage or charge in cases where the mortgage imposes an obligation to make further advances. Where the mortgage is to secure a current account or any other further advances, notice of an intervening charge will postpone the further advance to that charge but (by way of exception) in this case notice will not be imputed to t...
Adulteration
Adulteration, the corrupt production of any article, especially food: indictable at common law, see R. v. Dixon, (1814) 3 M&S 11. The adulteration of bread, corn, meal, or flour is made a statutory offence by the Bread Act, 1836, and the (English) Bread Acts (Amendment) Act, 1922 (12 & 13 Geo. 5, c. 28), and that of food, including drink, generally by the (English) Food and Drugs (Adulteration) Act, 1928 (18 & 19 Geo. 5, c. 31).By the act the mixing, colouring, staining or powdering of any article so as to render it injurious to health, as to affect injuriously the quality of the drugs or lettering any article in such estate, in punishable for a first offence by a fine not exceeding 50l.; for a second offence by imprison-ment not exceeding six months. The sale to the prejudice of the purchaser of articles of food and drugs not of the nature, substance or quality demanded by the purchaser, is prohibited. Where however, the article is properly labelled as mixed, no liability arises. Prov...
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....
No appeal shall lie
No appeal shall lie, 'no appeal shall lie' in the proviso to s. 30(1) of The Income-tax Act, 1922 is not that no memorandum of appeal can be presented. All that it means is that the appeal will not be held to be properly filed until the tax has been paid. The tax must be paid within the period of limitation although the appeal had been filed before that, Commissioner of Income-tax v. Filmistan Ltd., AIR 1961 SC 1134 (1135): (1961) 3 SCR 893. [Income Tax Act, 1922, s. 30 (1)] [s. 372, C.P.C.]...
Dangerous place
Dangerous place. S. 30 of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53), provides as follows:-30. With respect of the repairing or enclosing of dangerous places the following provisions shall have effect (namely):-(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure, dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified in the notice and hereinafter in this s. referred to as the 'prescribed period,' to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local...
Or is otherwise invalid
Or is otherwise invalid, the words 'or is otherwise invalid' in clause (c) of s. 30 are wide enough to cover all forms of invalidity including invalidity of the reference, Union of India v. Om Prakash, (1976) 4 SCC 32: AIR 1976 SC 1745 (1749). [Arbitration Act, 1940 s. 30(c)...
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