submitted that in view of the definition of '"colliery" as contained in the Colliery Control Order, 1945, plant for the production ... Commodities Act. From a perusal of the definition of 'coal' as contained in Colliery Control Order, 1945 and the Unification Order
within the definition of "the State" as contemplated under Article
12 of the Constitution. Article 12 reads thus :-
"12. DefinitionIn this ... India or under the control of the Government
of India."
A perusal of the above Article shows that the definition of State
having regard to the fact involved therein. No
single test - be it control test, be it organisation or any
other test - has been held ... that supervision and control test is the prima facie test
for determining the relationship of employment. The nature
or extent of control required to establish
crime which MCOCA seeks to prevent or control.
In other words, an offence falling within the definition of organised crime
and committed by an organised
person who is in
actual possession and control of the vehicle, who can be
brought under the definition of owner, under the Act in
order ... except taking a
plea that the vehicle is under the control of the owner R-
2, it failed to file documents to show the nature
purpose of gathering information. Where an express
statutory definition of a word exists, a Wiki definition cannot be
preferred. It cannot normally be used ... Drugs
and Cosmetics Act or product control licence
issued by the Drugs Controller. There is no
definition given in the Local Sales
rules providing for payment of gratuity." The definition, thus, excludes
an employee holding civil post under the Central Government and
government by another ... applicable. The
Tribunal in Pritam Singh opined:
"The Controlling Authority has considered the
definition of term 'wages' and came to the
conclusion
terms of Entry 52 of List I, the Parliament only retains 'control' over such industry in respect whereof a declaration has been made ... thus have nothing to do with the control of a declared industry.
52. In view of the definition of 'land' as contained
goods, supplied, distributed or
controlled in India, also includes goods imported into
India."
The aforesaid definition underwent an amendment in 1984 and again ... statutory definition in respect of
an expression, the dictionary meaning thereof cannot be applied. It is also
true that when a statutory definition uses
terms of the provisions of the
licence. Both molasses and sugar, were controlled commodities in the year
1988. The appellant, as also the Company, were ... including that of payment of the licence fee, are not
controlled by it. The definition of "sale" has undergone a change after
coming