S 37 - Law Dictionary Search Results
Home Dictionary Name: s 37Workmen'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...
King's Counsel
King's Counsel, barristers appointed counsel to the Crown, and called within the Bar. They answer in some measure to the advocates of the revenue, advocati fisci, among the Romans. They must not be employed against the Crown without special licence, which is not refused unless the Crown desires to be represented by the individual in the case. Each King's Counsel had a small salary, but it is not so now. Under 13 & 14 Vict. c. 25 (repealed by (English) Stat. Law Rev. Act, 1875), they might act as judges of assize when named in the commission, and may, and often do, act as such judges, as being 'persons usually named in the commission' under s. 29 of the (English) Jud. Act, 1873, and being expressly authorised so to be named by s. 37 of that Act. See now (English) Judicature Act, 1925, s. 70; see ADVOCATES, FACULTY OF....
Disposition of the company's property
Disposition of the company's property, where a company pays a creditor by cheque between the date of petition and the winding up order against the company, it is illogical to hold that there is an additional disposition in favour of the bank where the company is in credit prior to payment of the cheque and the bank, in paying the cheque, debits the cheque against the company's credit balance with the bank, Hollicourt (Contracts) Ltd. v. Bank of Ireland (CA), (2001) Ch LR 555.A control for the disposition of land and an effected disposition; that the expression 'sold, leased or otherwise disposed of by a disposition' was not apt to include a contract to make a disposition of land but referred only to a disposition which had actually been effected, Boyoumi v. Women's Total Abstinence Union Ltd., (2003) 2 WLR (Charities Act, 1993, s. 37)...
Wholly and exclusively
Wholly and exclusively, the expression 'wholly and exclusively' used in s. 10(2)(xv) of the Income Tax Act, 1922 does not mean 'necessarily'. Ordinarily it is for the assessee to decide whether any expenditure should be incurred in the course of his or its business. Such expenditure may be incurred voluntarily and without any necessity and if it is incurred for promoting the business and to earn profits, the assessee can claim deduction under s. 10(2)(xv) of the Act even though there was no compelling necessity to incur such expenditure. It is relevant to refer at this stage to the legislative history of s. 37 of the Income Tax Act, 1961 which corresponds to s. 10(2)(xv) of the Income Tax Act, 1922. An attempt was made in the Income Tax Bill of 1961 to lay down the 'necessity' of the expenditure as a condition for claiming deduction under s. 37. S. 37(1) in the Bill read 'any expenditure . . . laid out or expended wholly, necessarily and exclusively for the purposes of the business or ...
Directors
Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
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...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
University
University, an association of learners, and of teachers and examiners of the learners, upon whose report the association grants upon whose report the association grants titles called 'degrees' (such as 'Master of Arts,' 'Doctor of Divinity'), showing that the holders have attained some definite proficiency.The English Universities are those of Oxford, Cambridge (incorporated by 13 Eliz. c. 29, by the two names of the Chancellor, Masters and Scholars of the University of Oxford and Cambridge respectively, with the direction that they shall be called and named by none other name for evermore), Durham, London, Victoria of Manchester, Birmingham, Liverpool, Leeds, Sheffield, Bristol, and East Midland University Nottingham, the graduates of which (see University of Liverpool Act, 1904; (English) University of Leeds Act, 1904; and (English) Sheffield University Act, 1914) have equal statutory privileges and exemptions; and Reading University (see 18 & 19 Geo. 5, c. 25). There is also the Uni...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
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