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Agreement

Agreement [fr. gratus, Lat., acceptable; aggregatio mentium, Lat.], a consensus of two or more minds in anything done or to be done. See CONTRACT.Includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings. [Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (a)]Means an agreement entered into under s. 20. [Pharmacy Act, 1948 (8 of 1948), s. 2 (a)]Means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2 (b)]The expression 'agreement' referred to in the clause (b) of Article 73 has to be considered in terms of Article 299 of the Constitution, Sharma Transport v. Government of A.P., (2002) 2...


Strike

Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...


Children

Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...


knowledge

knowledge 1 a : awareness or understanding esp. of an act, a fact, or the truth : actual knowledge in this entry b : awareness that a fact or circumstance probably exists ; broadly : constructive knowledge in this entry see also scienter, willful blindness NOTE: Knowledge fundamentally differs from intent in being grounded in awareness rather than purpose. ac·tu·al knowledge 1 : direct and clear awareness (as of a fact or condition) [the bank had actual knowledge that the name and account number referred to different persons] 2 : awareness of such information as would cause a reasonable person to inquire further ; specif : such awareness considered as a timely and sufficient substitute for actual notice (as of a work-related injury or of a bankruptcy proceeding) [ruled that the employer did not have actual notice or actual knowledge within 90 days] con·struc·tive knowledge : knowledge (as of a condition or fact) that one using ordinary care or diligenc...


sound

sound 1 a : free from injury or disease : exhibiting normal health b : free from flaw, defect, or decay [a design] 2 a : free from error, fallacy, or misapprehension [based on judicial reasoning] b : legally valid [a title] 3 : showing good judgment or sense sound·ly adv sound·ness n of sound mind : having the mental capacity to make a will esp. as demonstrated by the ability to understand the nature of one's property, identify the natural objects of one's bounty, and understand the nature of the dispositions being made in the will vi : to be based or founded : have a specified basis for an action used with in [those remedies for rent which ed in contract "O. W. Holmes, Jr."] [ing in tort] ...


Discernible

Capable of being discerned by the eye or the understanding as a star is discernible by the eye the identity of difference of ideas is discernible by the understanding...


High energy physics

the branch of particle physics which studies collisions of particles accelerated to such high energy that new fundamental particles are generated in the process The creation of new particles of very high energy is required to permit the study of the most fundamental relations between forms of matter so as to understand the fundamental nature of matter The high energies also reproduce the high temperature conditions at the earliest phase of the big bang allowing generation of some data relevant to understanding the nature and evolution of the universe...


Communicate

Communicate, means that sufficient knowledge of the basic facts constituting the 'grounds' should be imparted effectively and fully to the detenu in writing in a language which he understands, Lallubhai Jogibhai Patel v. Union of India, (1981) 2 SCC 427 (733): AIR 1981 SC 728: (1981) 2 SCR 352. [Constitution of India, Art. 22(5)]It is a strong word. It requires that sufficient knowledge of the basic facts constituting the grounds should be imparted effectively and fully to the detenu in writing in a language which he understands, so as to enable him to make a purposeful and effective representation. Kubic Darusz v. Union of India, AIR 1990 SC 605 (609): (1990) 1 SCC 568: (1990) 1 SCR 98. [Constitution of India, Art. 22(5)]...


Deaf and dumb and blind

Deaf and dumb and blind. A man that is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot, he being supposed incapable of any understanding. Nevertheless, a deaf and dumb person, i.e., a 'mute by the visitation of God,' may be tried for felony if the prisoner can read or write and be made to understand by means of signs or symbols (1 Leach, C. L. 102). As to when he is a competent witness, see Tayl. on Evid. s. 1248; John Ruston's case (1786), Leach, Cr Ca 408.There is, general, no separate affliction of dumbness, apart from deafness, of which dumbness is the necessary result.Education.--As to the education of afflicted children, provision is made for instruction suitable to the condition of the child by the (English) Education Act, 1921 (11 & 12 Geo. 5, c. 51), ss. 61-67....


Taxing statutes and statutory definitions

Taxing statutes and statutory definitions, when no statutory definition is provided in respect of an item in the Customs Act or the Central Excises Act, the trade understanding, meaning thereby the understanding in the opinion of those who deal with the goods in question is the safest guide, Collector of Customs v. Swastic Woollen (P) Ltd., AIR 1988 SC 2176: (1988) Supp 2 SCR 370: (1988) Supp SCC 796....


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