Sec 546 - Law Dictionary Search Results
Home Dictionary Name: sec 546 Page: 5Specilia generalibus derogant
Specilia generalibus derogant (L.R.I. C.P. 546), special words derogate from general ones....
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Rank
Rank, refers to a position, especially an official one, within a social organization, of high social order or other standing status, S.C. Advocate-on-Record Asn. v. Union of India, AIR 1994 SC 268.The word 'rank' has both a narrower as well as a wider meaning; in its ordinary sense as meaning grade or status, N.C. Dalwadi v. State of Gujarat,AIR 1987 SC 1933 (1937): (1987) 3 SCC 611: (1987) 3 SCR 640. [Bombay Civil Service Rules, 1959, R. 161(1)(c)(ii)(1)](ii) The expression 'rank', in 'reduction in rank' has, for purpose of Article 311 (2) an obvious reference to the stratification of the posts or grades or categories in the official hierarchy. It does not refer to the mere seniority of the government servant in the same class or grade or category, Nyadar Singh v. Union of India, AIR 1988 SC 1979: (1988) 4 SCC 170: (1988) Supp 2 SCR 546.The expression 'rank' in Art. 311(2) has reference to a person's classification and not his particular place in the same cadre in the hierarchy of the...
Place of residence
Place of residence, the expression 'place of resi-dence' connotes a place where a person has his dwelling house, which need not necessarily be permanent or exclusive. A person may have more places of residence than one at a given time. A place occupied by a person with the intention of setting up a fixed, though not permanent, abode, would be deemed to be a place of residence. Sojourn for a purely temporary purpose will not constitute residence, and the place of sojourn will not be deemed a place of residence within the meaning of the Act: but where a person possesses establishment at more places than oneand spends time more or less considerable in all those places, as exigencies of his occupation, vocation or fancy demand, he would be deemed to have a place of residence at each of those places. The words of the definition in s. 2(10) read with s. 2(6) are sufficiently wide to include the case of a person who had a place of residence in India as well as a place of residence in an area ...
Leeman's Acts
Leeman's Acts. (English) So called-after the introducer, Mr. George Leeman, M.P. for York City. (1) The Banking Companies (Shares) Act, 1867 (30 & 31 Vict. c. 29), by which contracts for sale of bank shares are void unless the numbers of the shares sold are set forth in the contract; this Act is believed to be a dead letter on the Stock Exchanges, but is in full legal force, Neilson v. James, (1882) 9 QBD 546. (2) The Borough Funds Act, 1872 (35 & 36 Vict. c. 91), much amended (see BOROUGH FUND) by the Borough Funds Act, 1903-authorising the application of the funds of municipal corporations, and other governing bodies, under certain conditions, towards promoting or opposing Parliamentary and other proceedings for the benefit or protection of the inhabitants. See now Local Government Act, 1933 (22 & 33 Geo. 5, c. 51), which repeals the Act of 1903 except as to London....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Kaimi
Kaimi, permanent right it does not imply fixity of rent. The word 'kaimi jote' is applicable to a raiyat or a tenure-holder, Shyama Charan Ghose v. Fakir Chandra Dutt, AIR 1927 Cal 546....
At any given time
At any given time, the expression 'at any given time' means till that time when the results can be declared, Lalit Mohan Pandey v. Poorman Singh, (2004) 6 SCC 626 (664): AIR 2004 SC 2303.At any time, the expression at any time merely means that the termination may be made even during the subsistence of the term of appointment, Shrilakha Vidyasthi v. State of Uttar Pradesh, (1991) 1 SCC 212: AIR 1991 SC 537 (546): (1991) 1 SCC 212.The expression 'at any time' thus takes in such cases as where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed, Western India Match Co Ltd. v. Workers Union, (1970) 1 SCC 225 (231): AIR 1970 SC 1205. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947)]Exercise of suo motu power 'at any time' only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that 'at any time' should be unguided and arbitrary. In th...
bail
bail [Anglo-French, act of handing over, delivery of a prisoner into someone's custody in exchange for security, from bailler to hand over, entrust, from Old French, from Latin bajulare to carry (a burden)] 1 : the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing [while free on ] 2 : the security given for a prisoner's release ;also : the amount or terms of the security [excessive shall not be required "U.S. Constitution amend. VIII"] [posted cash ] [motion to reduce ] 3 : one who provides bail and is liable for the released prisoner's appearance [ may arrest or authorize arrest of principal "Code of Alabama"] jump bail : to flee the jurisdiction while released on bail make bail : to be released on bail vt 1 : to release on bail 2 : to obtain the release of by giving bail often used with out 3 : to place (personal property) under a bailment [identity of the article claimed to have been ed "Peet v. Roth Hotel...
Agent and servant
Agent and servant, an agent has to be distinguished on the one hand from a servant and on the other from an independent contractor. A servant acts under the direct control and supervision of his master and is bound to conform to all reasonable orders given in the course of his work.... An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by principal, is not subject in its exercise to the direct control or supervision of the principal, Qamar Shaffi Tyabji v. CEPT, AIR 1960 SC 1269 (1271): (1960) 3 SCR 546.A servant acts under the direct control and supervision of the master, and is bound to conform to all reasonable orders given to him in the course of his work...An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal , is not subject in its exercise to the direct control or supervision of the principal, Chandi...
- << Prev.
- Next >>