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Conditional fee agreements

Conditional fee agreements, are nowadays perhaps the most important species of champerty. Such agreements are still unlawful, R (Factorthame Ltd) v. Transport Secretary (No 8) (CA), (2003) LR 381 QB.Means an agreement in writing between a person providing advocacy or litigation services and his client which -- (a) does not relate to proceedings of a kind mentioned in sub-s. (10); (b) provides for that person's fees and expenses, or any part of then, to be payable only in specified circumstances; (c) complies with such requirements (if any) as may be prescribed by Lord Chancellor; and (d) is not a contentious business agreement, R (Factortame Ltd) v. Transport Secretary (No 8) (CA), (2002) 3 WLR 1104 (Courts and Legal Services Act, 1990, s. 58.)...


Library

Library, means and includes collection of books, book deposit center or book service center providing library service or extension service. [The Rajasthan Public Libraries Act, 2006, s. 2(j)]...


Treatment services

Treatment services, means medical, surgical or obstetric services provided to the public or a section of the public for the purpose of assisting woman to carry children. [Human Fertilisation and Embryology Act, 1990, s. 2(1)]...


Sale of foodstuff

Sale of foodstuff, there is no sale when food and drink are supplied to guest residing in the hotel. The supply of meals was not essentially in the nature of a service provided to them and could not be identified as a transaction of sale. The Revenue was entitled to split up the transaction into two parts, one of service and the other of sale of foodstuffs. If that be true in respect of hotels, a similar approach seems to be called for on principle in the case of restaurants, Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, AIR 1978 SC 1591 (1594): (1978) 4 SCC 36: (1979) 1 SCR 557....


benefit

benefit 1 : something that provides an advantage or gain ;specif : an enhancement of property value, enjoyment of facilities, or increase in general prosperity arising from a public improvement general benefit : a benefit to the community at large resulting from a public improvement special benefit : a benefit from a public improvement that directly enhances the value of particular property and is not shared by the community at large NOTE: In proceedings for a partial taking for the purpose of a public improvement, the condemning authority may use a special benefit to the remaining land as a set-off against the landowner's damages for the taking. 2 in the civil law of Louisiana : a right esp. that serves to limit a person's liability benefit of dis·cus·sion : the right of a surety being sued to compel the suing creditor to sue the principal first benefit of di·vi·sion : the right of a surety being sued to compel the suing creditor to also sue the cosureti...


Activities

Activities, means any service provided by an outside worker in a controlled area for which the operator is responsible, Halsbury's Laws of England, Vol. 19(2), 4th Edn., Para 1234, Note 8, p. 972....


Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...


Condition of service

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...


Export

Export, includes the taking or sending out of goods by land, sea or air, on consignment or by way of sale, lease, hire-purchase, or under any other arrangement by whatever name called, and in the case of software, also includes transmission through any electronic media. [The Foreign Exchange Management (Export of Goods and Services Regulations, 2000, s. 2 (iv)]Means--(i) taking goods, or providing services, out of India, from a Special Economic Zone, by land, sea or air or by any other mode, whether physical or otherwise; or(ii) supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer; or(iii) supplying goods, or providing services, from one unit to another unit or Developer, in the same or different Special Economic Zones, Special Economic Zones Act, 2005, sec. 2(m).With the grammatical variations and cognate expression, means taking out of India of a place outside India, Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regula...


Retrenchment

Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...



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