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Workmen S Compensation Act - Law Dictionary Search Results

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Ballot

Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...


Pilot

Pilot, a person taken on board at any particular place for the purpose of conducting a ship through a river, road, or channel, or from or into a port, defined in s. 742 of the (English) Merchant Shipping Act, 1894, as meaning 'any person not belonging to a ship who has the conduct thereof.' Pilots are established in various parts of the country, by ancient charters of incorporation or by particular statutes. The most important of these in-corporations are those of the Trinity House, Deptford Stroned; the fellowship of the Pilots of Dover, Deal, and the Isle of Thanet, commonly called the Cinque Port Pilots; and the Trinity Houses of Hull and New castle. For the general law on the subject of pilots and pilotage, see the Pilotage Acts, 1913 (2 & 3 Geo. 5, c. 31) and amending Acts and the Pilotage Authorities (Limitation of Liability) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 36). Consult Digby and Cole on Pilots.Compulsory Pilots.--By the Act of 1913, s. 15 (reversing the Common Law rule), own...


Employer

Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...


Minor

Minor, a person under twenty-one years of age. There is no legal distinction between a minor in this sense and an infant. See INFANT. Strictly speaking, in Scotland a minor is a person between the ages of pupilarity and majority--in males from fourteen to twenty-one years and females from twelve to twenty-one years. minors must act with a curator if they have one, whereas pupils (under the age of pupilarity) act through their tutor. These are summary disabilities imposed by Common Law and Statute on minors.It means a person of either sex who is under eighteen years of age. [Child Marriage Restraint Act, 1929, s. 2 (d)]It means a person who has completed the age of sixteen years but has not completed the age of eighteen years. [Immoral Traffic (Prevention) Act, 1956, s. 2 (cb)]It means a person who has not attained the age of eighteen years. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (ff)]It means a person who has not attained the age of eighteen years. [Citizenship Act, 19...


Apprentice

Apprentice [fr. apprendre, Fr., to learn], a person bound by indentures of apprenticeship to a tradesman or artificer ,who covenants to teach him his trade or mystery. The master is bound to instruct his apprentice, and to make him master of the art so far as his capacity to learn will permit. If the master die, or become bankrupt, or abandon the trade, the obligation of the apprentice is at an end. Conversely, that the apprentice has done anything incompatible with faithful service, is a just cause of dismissal, Pearce v. Foster, (1886) 17 QBD 536 CA, and see Learoyd v. Brooks, 1891 (1) QB 431. An infant can bind himself by a deed of apprenticeship, Green v. Thompson, 1899 (2) QB 1. With regard to apprentices for the mercantile marine, see The (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). Apprentices are within the Workmen's Compensation Act, 1925, ss. 3 and 35. Justices of the peace have jurisdiction in many questions between master and apprentice. For instance, the (E...


Crown

Crown [fr. Couronne, Fr.; corona, Lat.], an ornamental badge of regal power worn on the head by sovereign princes. The word is frequently used when speaking of the sovereign himself, or the rights, duties, and prerogatives belonging to him.The Act of Supremacy (English) (1 Eliz. C. 1), 'restoring to the Crown the Ancient Jurisdiction over the State Ecclesistical and Spiritual and abolishing all Foreign Power repugnant to the same,' after repealing 1 & 2 P. & M. c. 8, reviving the Foreign Citations Act,the Act of Appeals, Abolition of Annates Act, the Act of Submission, the Confirmation of Bishops Act, the Archiepiscopal Licenses Act (23 Hen. 8, Contract Act, 1872 '. 9, 20; 24 Hen. 8, c. 12 l 25 Hen. 8, Contract Act, 1872 -. 19-21; 26 Hen. 8, c. 14; 28 Hen. 8, c. 16), and also repealing 1 & 2 P. & M. c. 6 (see HERESY), enacted that-Such jurisdictions, privileges, superiorities and pre-eminences spiritual and ecclesiastical as by any spiritualor ecclesiastical power or authority hath her...


Seamen

Seamen, persons engaged in navigating ships, barges, etc., upon the high seas. Those employed for this purpose upon rivers, lakes, or canals are denominated watermen.The (English) Merchant Shipping Acts, 1894 and 1906 (57 & 58 Vict. c. 60, and 6 Edw. 7, c. 48), contain numerous and elaborate provisions. In Part II. of the Act of 1894 there are regulations as to engagement and discharge of seamen, and payment of their wages. The Act also (s. 168) gives power to a Court to rescind a contract between owner or master, and seaman or apprentice, where a proceeding is instituted in the Court in relation to a dispute between them, protects (ss. 212-219) seamen from imposition, and (ss. 198-210) protects them in the matter of provisions, health, and accommodation. As to seamen's allotment notes, see (English) Merchant Shipping (Seamen's Allotment) Act, 1911 (1 & 2 Geo. 5, c. 8). Part III. of the Act of 1906 deals with seamen's food, and Part IV. contains provisions for the relief and repatriati...


Qualified medical practitioner

Qualified medical practitioner, means a person having a certificate granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916, or notified under s. 3 of that Act or specified in the Schedules to the Indian Medical Council Act, 1956, and includes any person having a certificate granted under any Provincial or State Medical Council Act. [Motor Transport Workers Act, 1961 (27 of 1961), s. 2 (j); See also Mines Act, 1952, s. 2(1)(n)]Means any person registered under any Central Act Provincial Act, or an Act to the Legislature of a State providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the Official Gazette, to be a qualified medical practitioner for the purposes of this Act. [Workmen's Compensation Act, 1923, s. 2 (1) (i)]...


Managing agent

Managing agent, means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer. [Workmen's Compensation Act, 1923 (80 of 1923), s. 2 (1) (f)]Means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement, and includes any person, firm or company occupying such position by whatever name called.Explanation.--If a person occupying the position of managing agents calls himself manager or managing director, he shall nevertheless be regarded as managing agent for the purposes of s. 32 of this Act. [Insurance Act, 1938 (4 of 1938), s. 2(13)]...


Review

Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...



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