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Home Dictionary Name: to supervise Page: 3Employment
Employment, the word 'employment' is not a word with a single fixed meaning but it has many connotations. On the one side it may bear the narrow meaning of relationship of employer and employee and on the other, it may mean in its widest connotation any engagement or any work in which one is engaged. If the former be the sense in which the word 'employment' is used in clause (d) of Article 319, the office of Governor would certainly not be an employment, because the Governor of a State is not an employee or servant of anyone, Hargovind Pant v. Dr. Raghukul Tilak, (1979) 3 SCC 458: (1979) 3 SCR 972.The word 'employment' must be construed as emp-loyment in the regular course of business of the establishment. Such employment obviously would not include employment of a few persons for a short period on account of some passing necessity or some temporary emergency beyond the control of the company, P.F. Inspector v. T.S. Hariharan, AIR 1971 SC 1519 (1524): (1971) 2 SCC 68.The concept of emp...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Ebdomadarius
Ebdomadarius, an officer in cathedral churches who supervised the regular performance of divine service, and prescribed the particular duties of each person in the choir....
Directly
Directly, The word 'directly', according to Webster's New World Dictionary, means 'in a direct way, without a person or thing coming between'; 'immediately as directly responsible', The use of the expression 'directly' in the context of the word 'worked', followed by the words 'by him' unmistakably shows that the Legislative intent was to allow only those intermediaries to retain land comprised nor appertaining to a mine, as lessees under the State, who immediately before the date of vesting, were working the mine under their immediate control, management and supervision. Thus construed, the phrase 'being directly worked by him' in the s. will not take in a case where the mine was being worked through a lessee or licensee to whom the right to conduct mining operations and to take away the mineral had been granted by the intermediary in consideration of receiving a periodic rent, royalty or a like amount, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co. (1979) 3 SCC 106: AIR 1...
Dean
Dean [fr. decanus, Lat.; deka, Gk., ten], an ecclesiastical governor or dignitary, so called as he is supposed to have originally presided over ten canons or prebendaries at the least. In cathedrals of the old foundation in England, the dean is the principal of the four chief dignitaries, exercising a general supervision over the other members of the capitular body, with special reference to the cure of souls. In cathedrals of the new foundation, the duties of the deans are defined by the statutes of each chapter.Considered in respect of the differences of office, deans are of six kinds:--(1) Deans of Chapters, who are either of cathedral or collegiate churches. (2) Deans of Peculiars, who have sometimes both jurisdiction and cure of souls, and sometimes jurisdiction only. (3) Rural Deans, deputies of the bishop, planted all round his diocese, the better to inspect the conduct of the parochial clergy, to inquire into and report dilapidations, and to examine the candidates for confirmat...
Controlled delivery
Controlled delivery, means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under s. 50A with a view to identifying the persons involved in the commission of an offence under this Act. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (viib)]...
Cost of such staff
Cost of such staff, all the costs incurred by the State Government for the purpose of disbursing pay and other allowances to the government employees posted for supervision........., Government of Maharashtra v. Deokar's Distillery, (2003) 5 SCC 669....
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Contractor and workman
Contractor and workman, a 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details of the work'. There is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (392). [Factories Act, 1948, s. 2(e)]...
Consolidated fund
Consolidated fund, is the foundation stone of Parliamentary supervision and control over the finances in England, Commentary on Constitution of India, Durga Das Basu, Vol k, 6th Edn., p. 242.In India, the union as well as each of the States has a Consolidated Fund; the fund of the union is called the Consolidated Fund of India and that of a State that the Consolidated Fund of the State, Constitution of India, Art. 266(1)....
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