The Service - Law Dictionary Search Results
Home Dictionary Name: the serviceService
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Telecommunication service
Telecommunication service, means service of any description (including electronic mail, voice mail, data services, audio tax services, video tax services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall not include broadcasting service:Provided that the Central Government may notify other service to be telecommunication service in-cluding broadcasting services. [Telecom Regula-tory Authority of India Act, 1997 (24 of 1997), s. 2(k)]Means service of any description (including electronic mail, voice mail, data service, audio tax services, video tax services, radio paying and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing images, and sounds or intelligence of any nature by wire, rad...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
Air traffic service
Air traffic service, 'air traffic service' includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and airport control service. [Airports Authority of India Act, (55 of 1994), s. 2(d)]...
Supplies and services
Supplies and services, all supplies are not services and all services are not supplies but the complex needs and samenities of modern life and the multifarious obligations of a welfare State mingle supplies and services so much that the concentric circle geometry becomes a misleading stroke of conceptualism in this journal area. For example, an essential commodity is at once a supply and a service. Rushing food supplies to a nation in hunger is a composite operation of supplies and services essential to the life of the community and the order is not bad because it telescopes both, Jagdish Prasad v. State of Bihar, AIR 1974 SC 911: (1974) 4 SCC 455: (1974) 3 SCR 369.Indulging in black-marketing is conduct which is prejudicial to the maintenance of supplies. It is hardly necessary to read supplies conjunctively with services as was contended although cases may exist where supplies and services may both be affected. The word 'and' is not used conjunctively but disjunctively. If sweepers' ...
Consumer and service
Consumer and service, it is imperative that the words 'consumer' and 'service' as defined under the Act should be construed to comprehend consumer and services of commercial and trade oriented nature only. Thus any person who is found to have hired services for consideration shall be deemed to be a consumer notwithstanding that the services were in connection with any goods or their user. Such services may be for any connected commercial activity and may also relate to the services as indicated in s. 2(1)(o) of the Act, Regional Provident Fund Commissioner v. Shiv Kumar Joshi, AIR 2000 SC 331 (336). [Consumer Protection Act, (68 of 1986), s. 2(1)(d), s. 2(1)(o)]...
Contract of service and contract for service
Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...
Officiating service and substantive service
Officiating service and substantive service, officiat-ing service means service rendered as a non-permanent holder. Substantive service therefore means service as a permanent holder of an office, P.C. Kunhikrishnan Nambiar v. State of Kerala, AIR 1965 Ker 84 (87). [IAS (Appointment by Promo-tion), Regulations, 1955, Reg. 4]...
Service imams and service tenure
Service imams and service tenure, the expression 'service' in connection with religious institutions has acquired a special and significant meaning and the well understood meaning given to the expressions 'service inams' and 'service tenure' over decades of years cannot be ignored....the proviso s. 3(1) is inapplicable to lands held by religious institutions and therefore the land are liable to full assessment.....The expression 'service tenure' cannot also be interpreted by referring to s. 44-B of the Madras Act, 1927 where that expression is in fact not used at all, Government of Tamil Nadu v. Ahobila Matam, AIR 1987 SC 245: (1987) 1 SCC 38: (1987) 1 SCR 232....
Technical services
Technical services, includes 'professional services' as well, Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The expression 'technical services' has a very broad connotation and it has been elsewhere in the statute also so widely as to comprehend professional services: vide s. 9(1)(vii), referred to earlier. But we need not digress on this aspect for two reason. Firstly, whatever may be the position regarding other 44 professional services', there can hardly be any doubt that services involving specialised knowledge, experience and skill in the field of constructional operations are 'technical services', Continental Construction Ltd. v. C.I.T., 1992 Supp (2) SCC 567: AIR 1992 SC 803 (825). [Income Tax Act, 1961, s. 80-89(1)(vii) Expln. 2]...
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