Special Reserve - Law Dictionary Search Results
Home Dictionary Name: special reserve Page: 2Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
Public services and posts
Public services and posts, means the services and posts in connection with the affairs of the State and includes services and posts in-(i) a local authority; (ii) a co-operative society established under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which Government is a shareholder; (iii) a Board or a corporation on a statutory body established by or under a Central or a State Act, which is owned and controlled by the Government, or a Government Company as defined in s. 617 of the Companies Act, 1956 (1 of 1956); (iv) an educational institution owned and controlled by the Government, which receives grant-in-aid from the Government including a University established by or under a Maharashtra Act; (v) any establishment; and (vi) respect of which reservation was applicable by government orders on the date of commencement of this Act and which are not covered under sub-clauses (i) and (v), The Maharashtra State Public Services (Reservation for Scheduled Castes, ...
Indian currency
Indian currency, 'Indian currency' means currency which is expressed or drawn in Indian rupees but does not include special bank notes and special one rupee notes issued under s. 28A of the Reserve Bank of India Act, 1934. [Foreign Exchange Man-agement Act, 1999 (42 of 1999), s. 2(9)]...
Recruitment year
Recruitment year, means the English calendar year during which the recruitment is actually made, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Categories and Other Backward Classes) Act, 2001, s. 2(j).Means the year in which recruitment is actually made, S. Rajendran v. Union of India, (1998) 3 SCC 620.The recruitment year is the year in which recruit-ment takes place, but not each three successive years in which the vacancy exists, Harish Chandra Ram v. Mukh Ram Dubey, 1994 Supp (2) SCC 490 (492)....
Scheduled castes and scheduled tribes
Scheduled castes and scheduled tribes, it is an accepted fact that members of the Scheduled Castes and Tribes are by the large backward in comparison with other communities in the country. This is the result of historical cause, T. Devadasan v. Union of India, AIR 1964 SC 179: (1964) 4 SCR 680.(ii) Scheduled castes and scheduled tribes are not a caste within the ordinary meaning of caste. Scheduled Castes and tribes are descriptive of backwardness. It is the aim of our Constitution to bring them up from handicapped position to improvement. No Court can come to a finding that any cast or any tribe is a Scheduled Caste or Scheduled tribes. Scheduled Caste is a caste as notified under Article 366(25), State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.Scheduled Castes and Scheduled Tribes, shall have the meanings respectively assigned to them in the clauses (24) and (25) of Art. 366 of the Constitution of India; Maharashtra State Public Services (Reservati...
Other Backward classes
Other Backward classes, means any socially and educationally Backward Classes of citizens as declared by the Government and includes other Backward classes declared by the Government of India in relation of the State of Maharashtra, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(g)....
Net-worth
Net-worth, means the sum total of the paid-up capital and free reserves. [Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), s. 3 (1) (ga)]The concept of 'Net Worth' always denotes the excess of the book value of all assets over liabilities and market value of the assets is never taken into consideration; in fact the market value of assets which gives the 'current worth' becomes a relevant factor when in liquidation the question has to be considered whether the company possesses assets which would be sufficient to meet all its creditors or not, Commissioner of Income Tax v. Mahindra and Mahindra Limited, AIR 1984 SC 1182 (1193): (1983) 4 SCC 392: (1983) 3 SCR 773....
Nomadic Tribes
Nomadic Tribes, means the Tribes wandering from place to place in search of their livelihood as declared by Government from time to time; The Maharashtra State Public Services (Reservation for Schedule Castes, Schedule Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backword Category and Other Backward Classes) Act, 2001, s. 2(f)....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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