Termination of service, striking off the name of a workman from the rolls by the employer amounts to 'termination of service' and such termination is retrenchment within the meaning of s. 2(oo) of the Industrial Disputes Act, 1947 if effected in violation of the mandatory provision contained in s. 25F, H.D. Singh v. Reserve Bank of India, AIR 1986 SC 132: (1985) Supp 2 SCR 842: (1985) 4 SCC 201....
Empire Settlement Act, 1922 (English) (12 & 13 Geo. 5, c. 13), 'to make better provision for furthering British settlement in His Majesty's Overseas Dominions,' provides for the raising up to 1,500,000l. for this purpose in 1922-23, and not more than 3,000,000l. in any subsequent year....
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Consumer and service, it is imperative that the words 'consumer' and 'service' as defined under the Act should be construed to comprehend consumer and services of commercial and trade oriented nature only. Thus any person who is found to have hired services for consideration shall be deemed to be a consumer notwithstanding that the services were in connection with any goods or their user. Such services may be for any connected commercial activity and may also relate to the services as indicated in s. 2(1)(o) of the Act, Regional Provident Fund Commissioner v. Shiv Kumar Joshi, AIR 2000 SC 331 (336). [Consumer Protection Act, (68 of 1986), s. 2(1)(d), s. 2(1)(o)]...
Act of Settlement, 12 & 13 Wm. 3, c. 2 (1700), limiting the Crown, after the death of William III. And Princess (afterwards Queen) Anne, to the Princess Sophia of Hanover, and to the heirs of her body being Protestants. The Act further provided (inter alia) that (i.) the sovereign shall join in the communion with the Church of England as by law established. (ii.) No pardon under the Great Seal of England be pleadable to an impeachment. Ministers were thus prevented from escaping responsibility because the King had pardoned them. (iii.) Judges should hold office quamdiu se bene gesserint (during good behaviour), i.e., not at the King's pleasure, and should be removableupon the address of both Houses of Parliament. Substantially re-enacted by s. 5 of the (English) Judicature Act, 1875 (now repealed), which specifically excepted the Lord Chancellor....
Jervis's Acts, (English) 11 & 12 Vict. cc. 42 (the Indictable Offences Act,1848), 43 (the Summary Jurisdiction Act, 1848), and 44 (the Justices Protec-tion Act, 1848), regulating (1) the commitment by justices of persons accused of indictable offences; (2) the summary conviction by justices of persons charged with trivial offences: and (3) the bringing of actions against justices-so called because they were prepared and passed through Parliament by Chief Justice Jervis, then Attorney-General, in 1848. These Acts, as amended, are still in force....
Law of Property Act, 1922 (English) (12 & 13 Geo. 5, c. 16). This statute came into operation on 1st January,1926. With the Amending Acts of 1924 and 1926 (15 Geo. 5, c. 5), it provides for the abolition of copyhold and customary tenure; the extinguish-ment of manorial incidents (but not, apart from the lord's consent of his rights to mines, minerals, franchises, fairs and sporting rights), and the conversion of perpetually renewable leaseholds into long terms. The other provisions of this Act, sometimes called Lord Birkenhead's Act of 1922, have been repealed or consolidated and amended by the Law of Property Acts, 1925 to 1932....
Oil in Navigable Waters Act, 1922 (English) (12 & 13 Geo. 5, c. 39). An Act directed against the fouling of the territorial waters of Great Britain and Northern Ireland, and the waters of harbours therein, by the discharge of oil or spirit, especially crude fuel oil, petroleum, and petrol....