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Service - Law Dictionary Search Results

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Service of the Union or of the State

Service of the Union or of the State, article 236(b) defined the expression 'judicial service' means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. If this definition, instead of appearing in Art. 236, is placed as a clause before Art. 233(2), there cannot be any dispute that 'the service' in Art. 233(2) can only mean the judicial service, Chandra Mohan v. State of U.P., AIR 1966 SC 1987: (1967) 1 SCR 77....


Service of notice/notice

Service of notice/notice, according to Art. 158 of the First Schedule to the Indian Limitation Act, the period of limitation for an application to set aside an award under the Arbitration Act, 1940, begins to run from 'the date of service of the notice of the filing of the award. Notice does not necessarily mean 'communication in writing. 'Notice' accord-ing to the Oxford Concise Dictionary, means 'intimation, intelligence, warning' and has this meaning in expressions like 'give notice, have notice' and it also means 'formal intimation of something, or instructions to do something' and has such a meaning in expressions like 'notice to quit, till further notice'. Further, 'service', according to Webster's New International Diction-ary, II Edition, Unabridged, means 'act of bringing to notice, either actually or constructively, in such manner as is prescribed by law'. Oral communica-tion will therefore amount to service too, when no particular mode of service is prescribed. When the Legi...


Contract of service and contract for service

Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...


Qualifying service

Qualifying service, 'qualifying service' under rules means 'service qualifying for pension', Hans Raj v. State of Punjab, AIR 1985 SC 69 (74): (1985) 1 SCC 134: (1985) 1 SCR 1040. [Punjab Civil Service (Pre-mature Retirement Rule), 1975, R. 2(3)]Means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible, Union of India v. S. Dharmalingam, AIR 1994 SC 592: (1994) 1 SCC 179: (1994) 1 SCJ 58: (1994) SCW 238: (1994) 1 Serv LJ (SC) 169: (1994) 26 ATC 575: (1994) 68 Fac LR 140: (1994) 1 UJ (SC) 45: (1994) 1 Lab LN 11....


Public Service Commission

Public Service Commission, in England it is known as the Civil Service Commission; consists of three members appointed by the Crown; in Canada too it is known as Civil Service Commission, in Australia it is called Public Service Board, A Commentary on the Constitution of India, 4th Edn., vol. 5, p. 117.In India, a Public Service Commission is appointed for the Union and for each State. [Constitution of India, Art. 315(1)]...


Armoured car service

Armoured car service, means the service provided by deployment of armed guards along with armoured car and such other related services which may be notified by the Central Government or as the case may be, the State Government from time to time. [Private Security Agencies (Regulation) Act, 2005 (29 of 2005), s. 2(a)].Armoured car service, mean the service provided by deployment of armed guards alongwith armoured car and such other related service which may be notified by the Central Government or as the case may be, the State Government from time to time. [The Private Security Agencies (Regulation) Act, 2005, s. 2(a)]...


Aggregate value of taxable service

Aggregate value of taxable service, means the sum total of first consecutive payments received during a financial year towards the gross amount, as prescribed under section 67 of the Act, charged by the service provider towards taxable services but does not include payments received towards such gross amount which are except from the whole of service tax leviable thereon under section 66 of the Act under any notification other than Notification No. 6/2005-Service Tax dated the 1st March, 2005 [G.S.R. 140 (E) dated the 1st March, 2005. [Service Tax (Registration of Special Category of Persons) Rules, 2005, R. 2(b)]....


Acceptance of service

Acceptance of service of writ of summons by solicitor in lieu of personal service on defendant. See R. S. C., Ord. IX., r. 1. Where with the authority of the defendant his solicitor accepts service of a writ and gives a written undertaking to 'enter an appearance in due course,' that undertaking is unconditional and must be performed forthwith, and at the instance of the plaintiff it can be enforced by attachment of the solicitor under R. S. C., Ord. XII., r. 18 [In re Kerly, (1901) 1 Ch 467]. It is necessary for the solicitor to have his client's authority [Re Gray, (1891) 65 LT 743]; and unless an undertaking to appear is given, personal service cannot be dispensed with [The Anna, (1891) 64 LT 332]; personal service also is requisite in divorce proceedings, De Niceville v. De Niceville, (1877) 37 LJ Mat 43....


Supplies and services

Supplies and services, all supplies are not services and all services are not supplies but the complex needs and samenities of modern life and the multifarious obligations of a welfare State mingle supplies and services so much that the concentric circle geometry becomes a misleading stroke of conceptualism in this journal area. For example, an essential commodity is at once a supply and a service. Rushing food supplies to a nation in hunger is a composite operation of supplies and services essential to the life of the community and the order is not bad because it telescopes both, Jagdish Prasad v. State of Bihar, AIR 1974 SC 911: (1974) 4 SCC 455: (1974) 3 SCR 369.Indulging in black-marketing is conduct which is prejudicial to the maintenance of supplies. It is hardly necessary to read supplies conjunctively with services as was contended although cases may exist where supplies and services may both be affected. The word 'and' is not used conjunctively but disjunctively. If sweepers' ...


Length of service rendered in the cadre

Length of service rendered in the cadre, the criterion for the determination of seniority under the Delhi Rules is the length of service rendered by the candidates during the period when they were rendering service either as District Judge or as Additional District and Sessions Judge in permanent or temporary capacities, G.R. Luthra v. Lt. Governor, AIR 1974 SC 1908: (1975) 1 SCR 974: (1975) 3 SCC 258. [Delhi Higher Judicial Service Rules, 1970, R. 6(3)]...



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