Committee of Inspection. In bankruptcy (after the making of a receiving order) the creditors may appoint a committee to supervise the administra-tion of the bankrupt's property by the trustee [(English) Bankruptcy Act, 1914, s. 20]. As to the necessity for the trustee to obtain the committee's consent and to follow its directions, see (English) Bankruptcy Act, 1914, ss. 56 and 79. In companies winding up, a similar committee may be appointed by the creditors and contributories: see (English) Companies Act, 1929, ss. 187, 188, 196-199, 212 and 230....
Commorientes, persons who die by the same accident or upon the same occasion. By English law, there was no presumption of survivorship in such a case, whereas by the Code Napoleon, and the Civil Law generally, there is a presumption that the physically stronger survive the physically weaker. See Wing v. Angrave, (1860) 8 HLC 183, in which a husband, a strong man who could swim well, was swept off the deck of a ship by the same wave which swept off his delicate wife who could not swim, Best on Evidence, s. 410: but now by s. 184 of the (English) Law of Property Act, 1925, in all cases where after 1925 two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the Court) for all purposes affecting the title to property be presumed to have occurred in the order of seniority and accordingly the younger shall be deemed to have survived the elder....
Compelling reasons, the expression 'compelling reasons' in the contest of making an order for detention of a person already in custody implies that there must be cogent material before the detaining authority on the basis of which it may be satisfied that (a) the detenu is likely to be released from custody in the near future and (b) taking into account the nature of the antecedent activities of the detenu, it is likely that after his release from custody he would indulge in prejudicial activities and it is necessary to detain him in order to prevent him from engaging in such activities, Dharmendra Suganchand Chelanat v. Union of India, AIR 1990 SC 1196 (1201): (1990) 1 SCC 746. [Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, s. 3 (1)]...
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it h...
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an unfair classification, Video Electronics P. Ltd. v. State of Punjab, AIR 1990 SC 820 (832): (1990) 3 SCC 87. [Constitution of India, Art. 304(a)]The Constitution of India prohibits the State from discriminating against any citizen in respect of any employment under it on the grounds of religion, race, caste sex, etc., Constitution of India, Art. 16(2).In India, Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, sex, place of birth or any of them by putting restriction on their access and use certain public places, Constitution of India, Art. 15(1) and (2).The State is empowered to make special provisions for women, children socially and educationally backward classes, Scheduled Castes and Scheduled Tribes citizens in this regard, Con...
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...