Sec 421 - Law Dictionary Search Results
Home Dictionary Name: sec 421 Page: 5Post litem motam
Post litem motam (after the commencement of litiga-tion),depositions, etc. Where they relate to the subject of suit, they are not admissible as a rule when made after the litigation has commenced, Stark. Evid., 4th Edn., 421....
Personal office
Personal office, although ordinarily an office would mean the place where official business is transacted, a personal office in contradistinction to an office simpliciter or a commercial office would be a place where an outsider would not normally be admitted; commercial transactions would not take place, V.S. Talwar v. Prem Chandra Sharma, AIR 1984 SC 664 (665): (1984) 2 SCC 420: (1984) 25 DLT 421. [Delhi Rent Control Act, 1958, s. 14(1)(e)]...
On a regular basis
On a regular basis, when a person is appointed to a post against a permanent vacancy on probation, his appointment is on a regular basis, but when a person is appointed to a post on a purely temporary or on an ad hoc basis, the appointment is not on a regular basis, K. Madhavan v. Union of India, AIR 1987 SC 2291 (1296): (1987) 4 SCC 655: (1988) 1 SCR 421. (Constitution of India, Art. 309)...
Office or place of profit
Office or place of profit, the Chairman of a Market Committee holds any office or place of profit under the Market Committee, Pakanti Sudarshan Reddyv. District Collector, AIR 1964 AP 421 (425). [Hyderabad District Municipalities Act, (18 of 1956), s. 27(1)(c)]...
Strike
Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Determination of .... Civil rights and obligations
Determination of .... Civil rights and obligations, in the determination of his civil rights and obligations or of any criminal charge against him, every one is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, R (Smith) v. Parole Board (No. 2), (2004) 1 WLR 421 [Human Rights Act, 1998, Art. 6 (UK)]....
Accomplice
Accomplice [fr. complice, Fr., complex, Lat., bound up with one in a project, but always in a bad sense], one concerned with another or others in the commission of a crime, Hawk. P.C. 87. An accomplice could always be called to give evidence, and by virtue of (English) Lord Denman's Act, 1843 (6 & 7 Vict. C. 85), s. 1, even though convicted, and now by virtue of the Criminal Evidence Act, 1898 (61 & 62 Vict. C. 36), s. 1, he can with his consent be called for the defence, but should he give evidence tending to incriminate his co-prisoner, such co-prisoner may cross-examine him, R. v. Hadwen, 1902 (1) KB 882; see also R. v. Rowland, 1910 (1) KB 458; R. v. Paul, 1920 (2) KB 183). See APPROVER.The word 'accomplice' has not been defined by the Evidence Act and it is generally understood that an accomplice means a guilty associate or partner in crime. An accomplice by becoming an approver becomes a prosecution witness, M. Shamsudhin v. State of Kerala, (1999) 3 SCC 351 (357): 1995 SCC (Cri)...
Basic rate
Basic rate, means the annual rate of a pension apart from any increase under or by reference to the Pensions (Increase) Act, 1971 (UK) or any enactment repealed by that Act or any corresponding increase made otherwise than under or by reference to that Act or any enactment repealed by that Act but including any increase in that annual rate in consequence of the Pensions (Increase) Act, 1974 (UK), Halsbury's Laws of England, Vol. 8(2), 4th Edn., Para 615, p. 421....
Capital employed
Capital employed, the expression 'capital employed' is not a term of art nor is it an expression having a fixed connotation or meaning but it is susceptible of varied meanings, including or excluding short-term borrowings or long-term borrowings, whether of all categories or of any particular category or categories depending on its environmental context, Lohia Machines Ltd. v. Union of India, (1985) 2 SCC 197: (1985) 2 SCR 686: AIR 1985 SC 421 (432). [Income-tax Act, 1961, s. 80(j)]...
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