S 75 - Law Dictionary Search Results
Home Dictionary Name: s 75 Page: 2Meeting
Meeting, an assembly of persons whose consent is required for anything to decide, by a proper majority of votes, whether or not that thing shall be done; e.g., the meeting of the town council under s. 22 of the (English) Municipal Corporations Acts, 1882 (45 & 46 Vict. c. 50), or (English) Local Government Act, 1933 (23 & 24 Geo.5, c. 51), s. 75.By Common Law in the absence of other provisions a corporation is bound by the majority present at a regular corporate meeting and not only by an absolute majority of the corporation (this does not apply to companies), Perrott and Perrott Ltd. v. Stephenson, (1934) 1 Ch 171; and see Kyd on Corporations, Vol. 1, p. 400; or of the parish or parish council: see PARISH COUNCIL; PARISHMEETING. Also a meeting of the shareholders of a company under ss. 66-80 of the (English) Companies Clauses Act, 1845 (8 & 9 Vict. c. 16). As to meetings of creditors, see (English) Bankruptcy Act, 1914, ss. 13, 79 and 95. A company formed under the Companies Act, 1929...
Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
Allotment
Allotment, partition, the distribution of land under an inclosure Act, or shares in a public undertaking. See COMPANY. By (English) Companies Act, 1929, ss. 39-42, reproducing and amending s. 85 of the Companies (Consolidation) Act, 1908, no allotment of the share capital of a company can be made unless the conditions therein contained have been complied with.In Company law 'allotment' means the appropria-tion out of the previously unappropriated capital of a company, of a certain number of shares to a person. Till such allotment the shares do not exist as such. It is on allotment in this sense that the shares come into existence, Sri Gopal jalan and Co. v. Calcutta Stock Exchange Assn. Ltd, AIR 1964 SC 250 (252): (1964) 3 SCR 698. [Companies Act, 1956, s. 75(1)]Allotment is an appropriation to some person or corporation of a certain number of shares, but not necessarily of any specific share, Halsbury's Laws of England, Vol. 7(1), 4th Edn., Para 422, p. 276.Means the grant by a person...
Corrupt practices
Corrupt practices. At elections these are treating, un-due influence, bribery, personation, making a false declaration as to election expenses, and incurring election expenses without the election agent's written authority. See Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 3; (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), ss. 1-3, 33 (7); (English) Municipal Corporations Act, 1882; (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), ss. 2, 1 (5); (English) Local Government Acts, 1888 (s. 75) and 1894 (s. 48); (English) Representation of the People Act, 1918, ss. 34, 35, 38 and (English) R. of the P. Act (No. 2), 1922. The (English) Municipal Elections (Corrupt and Illegal Practices) Act,1911, makes it an illegal practice to publish certain false statements concerning a candidate. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 79 et seq.Corrupt practices at parliame...
Dangerous structure
Dangerous structure. By s. 75 of the (English) Towns Improvements Clauses Act, 1847 (10 & 11 Vict. c. 34), which is incorporated (see s. 160) (English) in the Public Health Act,1875 (38 & 39 Vict. c. 55), any building deemed by the surveyor to be in a ruinous or dangerous state must be pulled down, repaired, or otherwise made secure. This provision is not confined to buildings, etc., adjacent to a highway; see L.C.C. v. Herring, (1894) 2 QB 522, a case decided under the (English) Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122). See also the London Building Act, 1930 (c. clviii.), ss. 128 et seq, and (English) Public Health Act, 1936, s. 58, enabling a local authority to apply to a Court of Summary Jurisdiction for an order to the owner to repair or demolish the structure, and upon failure by the owner the local authority may do the work and shore it up or fence it off; see also Housing Act, 1936....
Committee
Committee, certain persons elected or appointed to whom any matter or business is referred, either by a legislative body or by any corporation or society; e.g., a Committee of a Town Council under the Municipal Corporations Act, 1882, ss. 22 and 190, and (English) Local Government Act, 1933 (c. 51), s. 75, or of directors under the (English) Companies Clauses Act, 1845, s. 95, See also PARLIAMEN-TARY COMMITTEE.The word 'committee' in English is a translation more or less of the word 'panchayat' in Hindi. Therefore, when the word 'committee' was substituted in place of 'panchayat' in the Town Areas Act there was really no change of substance, Asa Ram v. District Board, AIR 1959 SC 480 (484): (1959) Supp 1 SCR 715.Means small body of members of legislatures to whom the consideration of detailed or technical questions are delegated, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 688....
Pet animals
Pet animals, certain kind of animals or birds are often domesticated and when a particular person becomes fond of such an animal or bird it may be said to have become a 'pet' of that person andmay be called a 'pet animal', Shaikah Mohd. Omer v. Collector of Customs, AIR 1971 SC 293 (295). [Customs Act, 1878 (Since repealed), s. 75]...
Majority
Majority. 1. The full age of 21 years; a minor comes of age in the eye of the law on the day preceding the anniversary of his birth. 2. The grater number. In a deliberative body, questions are ordinarily decided by a majority of those present at a meeting and voting, provided that the whole number present be not less than a certain quorum (see QUORUM) of the whole body. See, e.g., Local Government Act, 1933, s. 75, and Parts I. to V. of the Third Schedule thereto. See MEETING, and as to restrictions upon the powers of a company exercised by a majority in general meeting, see Re Hoare & Co. Ltd., 150 LT 374....
Definite portions
Definite portions, expression 'definite portions' indicates a physical division in which a member takes a particular item of property and not an undivided share in property, Udayam Chimnabhai v. Income Tax Commissioner, AIR 1967 SC 762 (765). [Income Tax Act, 1922, s. 75 A(2)]...
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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