Sub Section - Law Dictionary Search Results
Home Dictionary Name: sub section Page: 4Additional duties
Additional duties, means the duties of excise levied and collected under sub-section (1) of section 3. [Additional duties of Excise (Goods of Special Importance) Act, (58 of 1957), s. 2....
Additional Judge
Additional Judge, A person appointed as an additional judge under sub-section (3) of sec. 222 of the Govt. of India Act, 1935. [High Court Judges (Conditions of Service) Act, (28 of 1954), s. 2(d)]...
Eligible issue of capital
Eligible issue of capital, means an issue made by a public company formed and registered in India or a public financial institution and the entire proceeds of the issue are utilised wholly and exclusively for the purpose of any business referred to in sub-section (4) of section 80-IA. [Income-tax Act, 1961 (43 of 1961), s. 80C(2)(xix) Expl. (i)]...
Limited ownership
Limited ownership, limited ownership in the concerned Hindu female is thus a sine qua non for the applicability of sub-section (1) of s. 14 of the Act (Hindu Succession Act) but then this condition was fully satisfied in the case of Tulasamma to whom the property was made over in lieu of maintenance with full rights of enjoyment thereof minus the power of alienation. These are precisely the incidents of limited ownership, Bai Vajia v. Thakorbhai Chelabhai, AIR 1979 SC 993 (956): (1979) 3 SCC 300: (1979) 3 SCR 291. [Hindu Sucession Act (3 of 1956), s. 14(1) (2)]...
Power of Court to order meeting to be called
Power of Court to order meeting to be called, powers of Court to order meeting to be called. - (1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles, the Court may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting. - (a) order a meeting of the company to be called, held and conducted in such manner as the Court thinks fit; and (b) give such ancillary or consequential directions as the Court thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting the operation of the provisions of this Act and of the company's articles. Explanation. - The directions that may be given under this sub-section...
Person employed
Person employed, 'person employed' means - (a) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking; (b) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertak-ing, a person wholly or principally employed in connection with the business of the establishment, and includes a peon, T. Devadasan v. Gordon Woodroffe and Co. (P) Ltd., AIR 1972 SC 1479: (1972) 3 SCC 700: (1973) 1 SCR 213. [T.N. Shops and Establishment Act, 1947, s. 2 (12) (iii)](ii) According to the definition in s. 2(14) of the Andhra Pradesh (Telengana Area) Shops and Establishments Act, 1951 even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a 'person employed' within the meaning of the sub-section, Silver Jubilee Tailoring House v. Chief Inspector of Shops and Establishments, AIR 1974 SC 37 (44, 45): (1974) 3 SCC 498:...
Public trustee
Public trustee. The office of Public Trustee was established by the (English) Public Trustee Act, 1906, which came into force on 1st January, 1908. The Public Trustee is a corporation sole, and may if he thinks fit act in the administration of estates of deceased persons if under one thousand pounds; act as custodian trustee [see that title, and Re Cherry's Trusts, (1914) 1 Ch 83]; act as an ordinary trustee; be appointed to be a judicial trustee (see that title); be appointed administrator of the property of a convict under the Forfeiture Act, 1870; and he may also be appointed an executor and obtain a grant of probate (s. 5). He may be appointed a trustee whether the trust instrument came into operation before or after the Act, and either as an original or a new trustee, or as an additional trustee, in the same cases and manner and by the same persons or Court as if he were a private trustee, with this addition--that he may be appointed sole trustee although the trustees originally a...
Letters of safe-conduct
Letters of safe-conduct. No subject of a nation at war with us can, by the law of nations, come into the realm, nor can travel himself upon the high seas, or send his goods and merchandise from one place to another, without danger of being seized by our subjects, unless he has letters of safe-conduct, which, by drivers old statutes, must be granted under the Great Seal, and enrolled in Chancery, or else are of no effect-the sovereign being the best judge of such emergencies as may deserve exemption from the general law of arms, Chitty's Prerogatives of the Crown, p. 48, and Vattel by Chit. 416. But passports or licences from our ambassadors abroad are now more usually obtained, and are allowed to be of equal validity; see ALIEN ENEMY.Where the court has made an order for attachment or forfeiture of any property under sub-sec. (1), and such property is suspected to be in a contracting State, the court may issue a letter of request to a court or an authority in the contracting State for ...
Last resided
Last resided, the cognate expression 'last resided' takes colour from the word 'resides' used earlier in the sub-section. The same meaning should be given to the word 'resides' and the word 'resided', that is to say, if the word 'resides' includes temporary residence, the expression 'last resided' means the place where the person had his last temporary residence, Jagir Kaur v. Jaswant Singh, (1964) 2 SCR 73: AIR 1963 SC 1521 (1524). [Criminal Procedure Code, 1898, s. 488 (8)]...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
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