State Act - Law Dictionary Search Results
Home Dictionary Name: state actState Act
State Act, shall means an Act passed by the Legislature of a State established or continued by the Constitution. [General Clauses Act, 1897 (10 of 1897), s. 3(59)]...
Corporation owned or controlled by the State
Corporation owned or controlled by the State, the expression 'Corporation owned or controlled by the State' means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in s. 617 of the Companies Act, 1956, a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State, being a society established or admini-stered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments. [Land Acquisition Act, 1894 (1 of 1894), s. 3 (cc)]...
Resale within the State
Resale within the State, the expression 'resale within the State' in Form No. ST 17 must be read in the light of Explanation II to s. 2(o) of the State Act as it is a recognised canon of construction that an expression used in a rule, by law or form issued in exercise of power conferred by a statue must, unless there is anything repugnant in the subject or context have the same meaning as is assigned to it under the statue. Explanation II enacts as to when a sale shall be deemed to be a sale within the State by incorporating in it by reference the provisions of s. 4(2) of the Central Sales Tax Act, Onkarlal Nandlal v. State of Rajasthan, AIR 1986 SC 2146: (1985) 4 SCC 404: (1985) Supp 3 SCR 1075....
General Clauses Act
General Clauses Act, is an Act of 1897 which applies for the interpretation of the Constitution of India and Central and State Acts, Constitution of India, Art. 367(1)...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
State
State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
State Government
State Government, has the same meaning as in the West Bengal Panchayat Act, 1973 (West Ben. Act 41 of 1973). [West Bengal Panchayat Elections Act, 2003, s. 2(25)]State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution. [Private Security Agencies (Regulation) Act, 2005, s. 2(i)]State Government, in relation to a Union territory, means the Administrator thereof. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(o)]State Government, is headed by the Governor who exercises the executive powers of the State. [Constitution of India, Art. 154(1)]State Government, its executive powers extend to the matters on which the State Legislature is em-powered to make laws, Constitution of India, Art. 162.Means a State Government of the State in which a Special Economic Zone is established or proposed to be established. [Special Economic Zones Act, 2005, s. 2(zb)]Me...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Ireland
Ireland was a distinct kingdom until 1801, when the Union with Ireland Act, 1800 (39 & 40 Geo. 3, c. 67) (see Chitty's Statutes, tit. 'Union Acts'), formed the 'United Kingdom of Great Britain and Ireland.' This Act confirmed the eight Articles of Union, and provided for Irish representation in both Houses of Parliament at Westminster. Redistribution of the Irish seats in the House of Commons was carried out in 1832, 1867, and 1885. The constant demand for a separate Parliament for Ireland led to the introduction of various Bills, but it was not until 1914 that the Government of Ireland Act of that year was placed on the Statute Book. The operation of this Act was suspended for the duration of the war. The demand of the Irish Republicans of the South for a complete severance led to the Govern-ment of Ireland Act, 1920, which superseded the Act of 1914. It provided for separate Governments in Northern and Southern Ireland, each with an Executive and Legislature of two chambers, and a Co...
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