Voluntary - Law Dictionary Search Results
Home Dictionary Name: voluntaryVoluntary retirement and resignation
Voluntary retirement and resignation, in service jurisprudence there is a difference between 'voluntary retirement' and 'resignation' as they convey different connotations. It has been held that voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service and though both involve voluntary acts, they operate differently. One of the basic distinctions between the two is that is that in the case of resignation, it can be tendered at any time but in the case of voluntary retirement, it can only be sought for after rendering prescribed period of qualifying service. In the case of resignation, a prior permission is not mandatory while in the case of voluntary retirement, permission of the employer concerned is a requisite condition, Jaipal Singh v. Sumitra Mahajan, (2004) 4 SCC 522 (527); see also (2004) 9 SCC 461....
Voluntary winding up and winding up by the court
Voluntary winding up and winding up by the court, the expressions 'voluntary winding up' and 'winding up by the Court' have acquired a technical meaning in our Company and Insurance jurisprudence. Like the Co-operative Society Laws, the Companies Act and the Insurance Act also make a distinction between the cessation of business by a company and its voluntary winding up or winding up by an order of the Court. There is nothing unequivocal in s. 15(a) of the Act to show that Parliament intended to depart from the technical meaning of 'voluntary winding up' and 'winding up by the Court' and to bid a good-bye to the distinction in our Company and Insurance jurisprudence between mere cessation of business by a company and its voluntary winding up or winding up by an order of the Court. The phrase 'voluntarily wound up' in the first limb would mean the voluntary winding up of an insurance public company in accordance with s. 54 of the Insurance Act, The Neptune Assurance Co. Ltd.v. Union of ...
Resignation and voluntary retirement
Resignation and voluntary retirement, one of the basic distinctions between the two is that in the case of resignation, it can be tendered at any time but in the case of voluntary retirement, it can only be sought for after rendering prescribed period of qualifying service. In the case of resignation, a prior permission is not mandatory while in the case of voluntary retirement, permission of the employer concerned is a requisite condition, Jaipal Singh v. Sumitra Mahajan, (2004) 4 SCC 522 (528)....
Voluntary conveyance
Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...
Voluntary, voluntary confession
Voluntary, voluntary confession, the crux of mak-ing a statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which impels him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in a perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for clearing his heart, Devender Pal Singh v. State of NCT of Delhi, (2002) 5 SCC 234 (260): AIR 2002 SC 1661. [Terrorist and Disruptive Activities (Preven-tion) Act, 1987, s. 15]...
Voluntary waste
Voluntary waste, that which is the result of the voluntary act of the tenant of property, as where he pulls down a wall or cuts timber; opposed to permissive waste. See WASTE....
voluntary
voluntary 1 a : proceeding from one's own free choice or consent rather than as the result of duress, coercion, or deception [a statement] b : not compelled by law : done as a matter of choice or agreement [ arbitration] c : made freely and with an understanding of the consequences [a plea of guilty] 2 : done by design or intention 3 : made without valuable consideration or for nominal consideration [a conveyance] vol·un·tar·i·ly [vÄ -lən-ter-ə-lē] adv vol·un·tar·i·ness n ...
voluntary bankruptcy
voluntary bankruptcy : bankruptcy declared upon petition of the debtor see also bankruptcy ...
voluntary bar
voluntary bar : a bar to which lawyers are not required to belong to practice law in the state compare integrated bar ...
voluntary departure
voluntary departure The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation. Source: U.S. Citizenship and Immigration Services ...
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