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Protestant

Protestant. This term does not occur in the Canons of 1603, or in the Thirty-nine Articles, or in the Acts of Uniformity, but appears in many statutes of later date, notably in the (English) Act of Settlement of 1700 (12 & 13 Wm. 3, c. 2), in which, by way of making further provision (in addition to that made by the Bill of Rights in 1688) 'for the succession of the Crown in the Protestant line,' the Crown was settled, in default of issue of Princess Anne of Denmark (afterwards Queen Anne) and William III., on the Princess Sophia and the heirs of her body, 'being Protestants'; it being added that 'whosoever shall hereafter come to the possession of this Crown shall join in communion with the Church of England as by law established.'The Bill of Rights (1 W. & M. sess. 2, c. 2), after reciting that 'it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince or by any king or queen marrying a papist,' d...


Freedom of press

Freedom of press, means right of citizen to speak, publish and express their view as well as right or people to read, Bennett Coleman and Co. v. Union of India, (1972) 2 SCC 788. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Freedom of press, Freedom of press as the petitioners rightly assert means freedom from interference from authority which would have the effect of interference with the content and circulation of newspapers, Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, AIR 1986 SC 515: (1985) 1 SCC 641: (1985) 2 SCR 287.Is a freedom included in the fundamental right to the freedom of speech and expression, Express Newspapers v. Union of India, AIR 1958 SC 578.Is freedom of speech and of press lie at the foundation of all democratic organizations, Romesh Thapper v. State of Madras, 1950 SCR 594.In U.K., it is a part of the individual right of freedom of discussion, Commentary on the Constitution of India, Durga Das Basu, Vol. C...


Undertaking

Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...


Procedure established by law

Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...


Ordinarily

Ordinarily, may means 'normally', State of Andhra Pradesh v. V. Sharma Rao, AIR 2007 SC 137; Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346; Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.Means 'normally', 'usually', 'in the ordinary course' etc., Y.K. Bammi v. Jawahar Lal Nehru University, AIR 1993 Del 239.Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, AIR 1961 SC 1346 (1349): (1962) 1 SCR 374. [Indian Railway Establishment Code, Rule 2046 (2)(a)]The word 'ordinarily' necessarily implies the exclusion of 'extraordinary' or 'special' circum-stances, Eicher Tractors Ltd. v. Commissioner of Customs, (2001) 1 SCC 315: AIR 2001 SC 196 (198). [Customs Act, 1962, s. 14(1)]Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346.The word 'ordinarily' may mean 'normally'. But, the said expression must be understood in the content in which it has bee...


Local Employment Exchange

Local Employment Exchange, means--(a) in the whole of India except the Union territory of Chandigarh that Employment Exchange (other than the Central Employment Exchange) notified in the Official Gazette by the State Government or the Administration of the Union territory as having jurisdiction over the area in which the establishments concerned is situated or over specified classes or categories of establishments or vacancies; and(b) in the Union territory of Chandigarh that Employment Exchange established either by the Union territory Administration of Chandigarh or by the State Government of Punjab or Haryana notified in the States respective Official Gazette as having jurisdiction over specified clauses or categories of establishments, or vacancies, provided that the employment exchanges established by the State Government of Punjab or Haryana shall not have jurisdiction over--(i) the public sector offices/establishments other than those belonging to the respective States; and(ii) ...


Property

Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...


Religion

Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, is a matter of faith stemming fr...


Unfair practices by employers

Unfair practices by employers, the following shall be deemed to be unfair practices on the part of an employer, namely - (a) to interfere with, restrain or coerce his workmen in the exercise of their rights to organise, form, join or assist a Trade Union and to engage in concerted activities for the purpose of mutual aid or protection; (b) to interfere with the formation or administration of any Trade Union or to contribute financial or other support to it; (c) to discharge, or otherwise discriminate against, any officer of a recognized Trade Union because of his being such officer; (d) to discharge or otherwise discriminate against any workman because he has made allegations or given evidence in an enquiry or proceeding relating to any matter such as is referred to in sub-s. (1) of s. 28F; (e) to fail to comply with the provisions of s. 28F: Provided that the refusal of an employer to permit his workmen to engage in Trade Union activities during their hours of work shall not be deemed...


Natural justice

Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...



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