Superintendence Direction And Control - Law Dictionary Search Results
Home Dictionary Name: superintendence direction and controlSuperintendence, direction and control
Superintendence, direction and control, The words 'superintendence', 'direction' and 'control' are wide enough to include all powers necessary for the smooth conduct of elections. It is, however, seen that Parliament has been vested with the power to make law under Article 327 of the Constitution read with Entry 72 of List I of the Seventh Schedule to the Constitution with respect to all matters relating to the elections to either House of Parliament or to the House or either House of the Legislature of a State subject to the provisions of the Constitution and any law made inthat behalf by Parliament, the legislature of a State may under Article 328 read with entry 37 of List II of the Seventh Schedule to the Constitution make law relating to the elections to the House or Houses of Legislature of that State. The general powers of superintendence, direction and control of the elections vested in the Commission under Article 324(1) naturally are subject to any law made either under Artic...
Electoral roll
Electoral roll, The electoral roll referred to in s. 62(1) of the Representation of the People Act, 1951 must be understood to be the electoral roll that was in force on the last day for making the nominations for the election, Baidyanath Panjiar v. Sitaram Mahto, (1969) 2 SCC 447: AIR 1970 SC 314: (1970) 1 SCR 839.For being eligible to be included in electoral register, one has to be: (1) a resident in that Constituency, (2) should not be subject to any legal incapacity, (3) has to be either a Commonwealth citizen or a citizen of the Republic of Ireland, (4) has to be of 18 years of age or above on the date of poll, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 26.In U.K., it is known as electoral Register. The Representation of People Act, 1983 provides for the presentation of Registers of Parliamentary electors once a year and all persons who claim to vote must be registered before election, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 28.Is known as 'voters' l...
Election Commission
Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representati...
Management of the society
Management of the society, the expression 'management of the Society' used in s. 96(1) of the Act of 1961. Grammatically, one meaning of the term 'management' is: 'the Board of Directors' or 'the apex body' or 'Executive Committee at the helm which guides, regulates, supervises, directs and controls the affairs of the Society'. In this sense it may not include the individuals who under the overall control of the governing body or Committee, in the day-to-day business of the Society, see words and phrases, by West publishing Co., Permanent Edition, Vol. 26, page 357, citing Warner and Swasey Co. v. Rusterholz D. C. Minn, 41 F Supp 398. Another meaning of the term 'management', may be: 'the act or acts of managing or governing by direction, guidance, superintendence, regulation and control, the affairs of a Society', Gujarat State Co-operative Land Development Bank Ltd. v. P.R. Mankad, AIR 1979 SC 1203: (1979) 3 SCC 123: (1979) 2 SCR 1023....
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Manager
Manager, a superintendent, a conductor, or director. As to the appointment of a manager of a business at the instance of a mortgagee, see Coote on Mortgages. As to managers appointed by debenture holders, see (English) Companies Act, 1929, s. 86, and Part VI. Of that Act relating to receivers and managers. As to special manager.[See (English) Bankruptcy Act, 1914, s. 10; (English) Companies Act, 1929, s. 209]Manager means a person who, subject to the control and direction of the directors, has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract or service or not. It will be clear that to satisfy the aforesaid definition a person, which could include a firm, body corporate or an association of persons, apart from being in management of the whole affairs of a company had to be 'subject to the control and direction of the directors'. This definition has underg...
Supervise
Supervise, and its derivatives are not words of precise import and must often be construed in the light of the context, for, unless controlled, they cover an easily simple oversight and direction as manual work coupled with a power of inspection and superintendence of the manual work of others, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305.The word 'supervise' covers manual work coupled with a power of inspection and superintendence of the manual work of others, R.B. Employees Association v. Reserve Bank, AIR 1966 SC 305 (314). [Industrial Disputes Act, 1947 s. 2(s)...
Management
Management, 'Management' includes the act of managing by direction, or regulation, or administration or control or superintendence, R. Dalmia v. Commissioner of Income Tax, AIR 1977 SC 988 (991): (1977) 2 SCC 467: (1977) 2 SCR 654....
Comptroller
Comptroller, one who observes and examines the accounts of collectors of public money; an officer of the royal household; also the Comptroller-general of patents, designs, and trade-marks, who has the immediate control of the Patent Office under the superintendence and direction of the Board of Trade. See the (English) Patents and Designs Acts, 1907 to 1932. The 1907 Act sets out (ss. 73-76) the powers and duties of the Comptroller....
Owner
Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...
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