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Standing Orders - Law Dictionary Search Results

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Standing Orders

Standing Orders, general regulations to be observed in passing private Acts through Parliament. An edition of the Standing Orders of both Houses of Parliament is published each year. See May's Parl. Pr....


Court

Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...


Employee

Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...


Rules of procedure

Rules of procedure, in British Parliament, the greater part of the rules are unwritten, to be collected from the journals or reports of debates, or to be ascertained from personal experience; the written part constitutes a very small portion of the corpus of rules, this consists of standing order. Standing Orders can be amended, repealed or suspended, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 485.Rules of procedure, rules which regulate procedure, debate and the conduct of members in a legislature, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 723....


Judgment-debtor

Judgment-debtor, means any person against whom a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908, s. 2 (10)]One against whom a judgment ordering him to pay a sum of money stands unsatisfied. He may, by order of the Court or judge, be orally examined by the judgment creditor as to debts owing to him by third parties, and be compelled to produce books and documents, with a view to attaching any debts due to him [(English) R.S.C. 1883, Ord. XLV., r. 1]. See ATTACHMENT OF DEBTS....


Window cleaning

Window cleaning. In urban districts, by s. 171 of the Public Health Act, 1875, incorporating s. 28 and other sections of the (English) Town Police Clauses Act, 1847:-Every occupier of any house or other building or other person who orders or permits any person in his service to stand on the sill of any window in order to clean paint, or perform any other operation on the outside of such window, or upon any house or other building . . . unless such window be in the sunk or basement story.Is, if the offence be in any street and to the obstruction, annoyance or danger of the residents, liable to fine up to forty shillings or to imprison-ment up to fourteen days, and any constable of the district is directed to take him into custody without warrant and forthwith convey him before a justice of the peace if the offence shall have been committed within his view.As to requirements in buildings in the Metropolis, see London Building Acts, and see LIGHT....


Certifying officer

Certifying officer, means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act. [Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), s. 2 (c)]...


Condition of leave and holiday

Condition of leave and holiday, The dictionary meaning of the word 'condition' is a provision or a stipulation. A provision or a stipulation as to leave and holidays would necessarily include a provision for the quantum of holidays and leave, Bagalkot Cement Co. Ltd. v. R.K. Pathan, AIR 1963 SC 439 (443): (1962) 2 Supp SCR 697. [Industrial Employment (Standing Orders) Act, 1946 (2 of 1946), Sch. Cl. 5]...


Hybrid Bill

Hybrid Bill, in U.K. such Bills are subject to a special procedure during their passage through Parlia-ment. Standing order relating to private business are applicable to Hybrid Bills, the Office of the Speaker in the Parliaments of Commonwealth, Philip Laundry, p. 374.Are public Bills which may in certain respects affect private interest, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 554....


Misconduct

Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...


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