It is thus to be seen that under the Karnataka Sales Tax Act the definition of the words “Works contract” is very wide. It is not restricted to a “Works contract” as commonly understood, i.e., a contract to do some work on behalf of somebody else. It also includes “any agreement for carrying out either for cash or for deferred payment or for any other valuable consideration, the building and construction of any moveable and immoveable property” (Emphasis supplied). The definition would, therefore, take within its ambit any type of agreement wherein construction of a building takes place either for cash or deferred payment, or valuable consideration. To be also noted that the definition does not lay down that the construction must be on behalf of an owner of the property or that the construction cannot be by the owner of the property. Thus, even if an owner of property enters into an agreement to construct for cash, deferred payment or valuable consideration a building or flats on behalf of anybody else it would be a Works contract within the meaning of the term as used under the said Act… Read More What is the meaning of Works contract
ne can Complain that the label did not contain “best before date” and hence the food item was misbranded, as it contravened R.32(i) of the Prevention of Food Adulteration Rules. Since the item involved in this case was having a short shelf life of less than three months, it was necessary to mention only the date of manufacture on the label. Therefore, the only violation alleged by the Public Analyst was that instead of showing “best before date” on the label, the food item in this case had the label “assurance 30 days”.
I may now consider as to whether by writing the words ‘assurance 30 days’ instead of ‘best before date’, it would contravene R.32(i) of the Prevention of Food Adulteration Rules, 1955. By using the words “best before date”, the meaning intended to be conveyed is that the consumer must use it before that date. I may now examine whether the public would be misguided by writing the words “assurance 30 days” instead of writing ‘best before date’ on the label. For that purpose, it is necessary to understand the meaning of the word “assurance”. In P. Ramanatha Aiyar’s Advanced Law Lexicon, fourth edition, the word ‘assurance’ in contract means “making secure” or “insure”. In Oxford Advanced Learner’s Dictionary of Current English, Ninth Edition, the synonym of the word ‘assurance’ is ‘guarantee’. Therefore, even though the terminology found in ‘assurance 30 days’ and ‘best before date’, differs in appearance, actually, no consumer would definitely be misguided, if he happens to see the words ‘assurance 30 days’. In the said circumstances, even if the words ‘best before date’ are not there and instead, the words assurance 30 days’ are there, it will not, in any way mislead the consumer, and hence by no stretch of imagination, it can be said that the product had been misbranded, particularly when the product was not adulterated.… Read More What is the meaning of ‘best before the date’ written on the body of a food container
Rajasthan Minor Mineral Concession Rules, 1986 -Rule 3(xiii-a) defines ‘Excess Royalty Collection Contract’ thus:
Excess Royalty Collection Contract” means a contract for specified mineral(s) and area given to collect royalty in excess of annual dead rent, on behalf of the Government from the holder of mining lease (s) under the contract whereunder the contractor shall pay a fixed amount annually to the Government as per terms of the contract.
‘Royalty Collection Contract’ is defined in Clause (xxi) of Rule 3 as follows:
Royalty Collection Contract” means a contract for the specific mineral or minerals given to collect royalty [with or without permit fee as the case may be] on behalf of the Government from the quarry licensees and short term permit holders who excavate minor minerals from the lands specified under the contract whereunder the contractor undertakes to pay fixed amount annually to the Government save as exempted under Rule 58;… Read More What is the meaning of Royalty Collection Contract
Bombay Securities Contracts Control Act, 1925. The words ‘ready delivery contract’ has been defined in Sub-section (4) of Section 3 of the said Act which reads as under: (4) ‘ready delivery contract’ means a contract for the purchase or sale of securities for performance of which no time is specified and which is to be… Read More What is the meaning of ‘ready delivery contract’
The observation of Lord Wright (on this subject) while delivering the judgment of the Privy Council in Mount Albert Borough Council v. Aus. T. and G Mutual Life Assurance Society Ltd. (1937) 4 All ER 206 at p. 214 (C). “The proper law of the contract means that law which the English or other court… Read More What is the meaning of ” proper law of the contract”
Forward Contracts (Regulation) Act, LXXIV of 1952, a ‘Forward Contract’ means a contract for the delivery of goods at a future date and which is not a ready delivery contract. A ‘Ready Delivery Contract’ for the purpose of the Act means a contract which provides for the delivery of goods and the payment of a… Read More What is the meaning of ‘Forward Contract’
Public Policy does not remain static in any given community. It may vary from generation to generation and even in the same generation. Public policy would be almost useless if it were to remain in fixed moulds for all time.… Read More What is public policy
It means that a FIR can be filed in any police station (i.e.irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate Police Station. As per rules, a zero FIR is filed in a police station which is not in charge of the area where the crime took place and can be transferred… Read More What is Zero FIR
a person who is recognised as a member of
Scheduled Castes/Scheduled Tribes in his original
State, will be entitled to all the benefits of reservation
under the Constitution in that State only and not in
other States/Union Territories and not entitled to the
benefits of reservation in the migrated State/Union
Territory.… Read More What is the meaning of Scheduled Castes
Biometric information deemed to be sensitive personal information… Read More What is Biometric information
1. A curative petition shall be governed by the judgment of the Court in the case of Rupa Ashok Hurra v. Ashok Hurra and Anr. [2002 (4) SCC 388] and as per Order XLVIII of the Rules. 2. It shall contain specifically that no new grounds have been taken and the grounds mentioned in the petition had been… Read More What is a Curative Petition
In this context Section 296 of the Code can be read: (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks… Read More What is meant by an evidence of a formal character?
The question that arises for consideration, therefore, is what is the true import of the expression “Government of India”? In its narrower sense, Government of India is only the executive limb of the State. It comprises a group of people, the administrative bureaucracy that controls the executive functions and powers of the State at a… Read More What is the true import of the expression “Government of India”?
The Miranda decision was rendered under a system of law in which an utterance made by a suspect before the police could lead to his conviction and even the imposition of the death penalty. From the judgment in the Miranda case it further appears that the police would subject the suspect to incommunicado interrogation in… Read More What is Miranda decision?