Administration - Definition - Law Dictionary Home Dictionary Definition administration

Definition :

Administration, the giving or supplying of something. The term is used in three different senses. (1) granting of letters of administration to an administrator by the Probate Division. (2) The administration of the estate of a deceased person by an executor or administrator, i.e., the payment of his debts and the distribution of his assets among the persons entitled. See ss. 32 et seq., First Sched., Part III., of the (English) Administration of Estates Act, 1925, and Re Tony, (1931) 1Ch 202. (3) The administration of the estate by the Chancery Division in cases where difficulties have arisen in the course of administration. Orders for administration by the Chancery Division are made on originating summons, and only by the judge in person. see Trist. And Coote, Prob. Pr.; R. S. C. Ord. LV., rr. 3 et seq.; Seton on Judgments. And see ADMINISTRATOR; WIDOW.

The body of ministers appointed by the Crown to carry on the government of the country; now more commonly called 'the Government.'

The expression 'administration' in relation to an estate, in law means management and settling of that estate. It is a power to deal with the estate. The evacuee could not take possession of his property. He could not lease that property. He could not sell that property without the consent of the Custodian. He could not mortgage that property. He could not realise the income of the property. On the other hand, the Custodian could take possession of that property. He could realise its income. He could alienate the property and he could under certain circumstances demolish the property, R.B. Jodha Mal Kuthalia v. CIT, (1971) 3 SCC 369 (372): AIR 1972 SC 126. [Pakistan (Administration of Evacuee Property) Ordinance, 1949 (15 of 1949)]

Administration means 'management of affairs' of the institution. This management must be free of control so that the founders or their nominees can mould the institution as they think fit, and in accordance with their ideas of how the interest of the community in general and the institution in particular will be best served. No part of this management can be taken away and vested in another body without an encroachment upon the guaranteed right, State of Kerala v. Very Rev. Mother Provincial, (1970) 2 SCC 417: AIR 1970 SC 2079 (2082). [Constitution of India, Art. 30(1)]