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S 64 - Law Dictionary Search Results

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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....


Forwarding note

Forwarding note, means the document executed under s. 64. [Railways Act, 1989 (24 of 1989), s. 2 (16)]...


Brougham's (Lord) Acts (English)

Brougham's (Lord) Acts (English). The best known of them are the Beer Act of 1830 (11 Geo. 4, 8 1 Wm. 4, c. 64), the Judicial Committee Act of 1833 (3 & 4 Wm. 4, c. 41), the repealed County Court Act of 1846, the repealed Act for shortening the language of Acts of Parliament (13 & 34 Vict. c. 21), for which ss. 1, 3 of the Interpretation Act, 1889, are now substituted, and the Evidence Acts of 1845 and 1851 (8 & 9 Vict. c. 113), and (14 & 15 Vict. c. 99); and the Act, now replaced, which made slave trading a felony for the first time....


reckless disregard of the truth

reckless disregard of the truth or reckless disregard for the truth 1 : disregard of the truth or falsity of a defamatory statement by a person who is highly aware of its probable falsity or entertains serious doubts about its truth or when there are obvious reasons to doubt the veracity and accuracy of a source [the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection "Garrison v. Louisiana, 379 U.S. 64 (1964)"] 2 : a reckless lack of attention to the truth that misleads or deceives another (as a magistrate) [whether false statements were made intentionally or in reckless disregard of the truth in support of the warrant "State v. O'Neil, 879 P.2d 950 (1994)"] ...


Advocation

Advocation, a process by which an action was carried from an inferior to a superior Court in Scotland. By the (English) Court of Session Act (31 & 32 Vict. c. 100), s. 64, the process of advocation is abolished, and appeals are substituted....


Colour

Colour, a term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule, that pleadings in confession and avoidance should give colour, was that they should confess the matter adversely alleged, to such an extent, atleast, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter colour was either express, i.e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading, Steph. Plead. 233. Express colour was abolished by (English) C.L.P. Act, 1852, s. 64....


Express colour

Express colour, in pleading. an evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the (English) Common Law Procedure Act, 1852 (15 & 16 Vict. c. 76), s. 64....


Gilbert Acts (English)

Gilbert Acts (English) , the Clergy Residences Repair Act, 1776 (17 Geo. 3, c. 53), introduced into Parliament by Mr. Davies Gilbert, providing for the building and repairing of parsonages, with the amending Acts 21 Geo. 3, c. 66, 7 Geo. 4, c. 66, 1 & 2 Vict. c. 23, and 28 & 29 Vict. c. 69, described as the Gilbert Acts in the marginal note of s. 64 of the Ecclesiastical Dilapidations Act, 1871. Mr. Gilbert also introduced 22 Geo. 3, c. 83, first establishing unions of parishes with guardians of the poor, superseded by the Poor Law Amendment Act, 1834, and repealed by the Statute Law Revision Act, 1871....


Inevitable accident

Inevitable accident, that which cannot be avoided: used in leases together with fire or tempest as a cause of destruction of the demised premises excusing the payment of rent or an omission by the lessee to repair. The expression is also very commonly used in covenants for production of documents, exempting the covenator from liability in the event of destruction by fire or other inevitable accident; but as pointed out by Mr. Davidson, Prec. Of Convg., vol. ii., pt. 1. P. 665, it is not accurate, for such accidents are not ineitable, and 'insuperable' is the better term. The word 'inevitable,' however, is used in the L.P. Act, 1925, s. 64(9), relating to the effect of an undertaking for safe custody and acknowledgment of the right to production of documents.As to ordering particulars of a defence of 'inevitable accident,' see Rumbold v. L.C.C., (1909) 25 TLR 541....


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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