J Dictionary
judicial act
judicial act : an act deriving from the normal exercise of judicial power within the proper jurisdiction used as a criterion for absolute judicial immunity ...
Judicial Act
Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial a...
judicial activism
judicial activism : the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint ...
Judicial activism
Judicial activism, means a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent, Black's Law Dictionary, 7th Edn., p. 850....
Judicial administration
Judicial administration, is an integrated function of the Judge and cannot suffer any diss. so far as maintenance of high standards of rectitude in judicial administration is concerned. The whole set up of a court is for the purpose of administrationof justice, and the control which the judgeexercise over his assistants has also the object of maintaining the purity of administration of justice, Bhardakanta Mishra v. Registrar of Orissa High Court, AIR 1974 SC 710 (720): (1974) 1 SCC 374....
Judicial and administrative functions
Judicial and administrative functions, The functions discharged by a High Court can be divided broadly into judical and administrative functions. The judicial functions are to be discharged essentially by the Judges as per the rules of the Court and cannot be delegated. However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively or in a group of two or more, and may be delegated or entrusted by authorization to subordinates unless there be some rule of law restraining such delegation or authorisation, Jamal Uddin Ahmed v. Abu Saleh Najmuddin, (2003) 4 SCC 257: AIR 2003 SC 1917...
Judicial authority
Judicial authority, by using the expression 'judicial authority' it was clearly indicated that the appell-ate authority must be one such pre-existing authority which was exercising judicial power of the State. If any other authority as persona designat was to be constituted there was no purpose in qualifying the word 'authority' by the specific adjective 'judicial', Thakur Das v. State of Madhya Pradesh, AIR 1978 SC 1 (4): (1978) 1 SCC 27: (1978) 1 SCR 732.Is defined as it is not necessary that it should be a court in the sense in which this court is a court; it is enough if it is exercising, after hearing evidence, judicial functions in the sense that it has to decide on evidence between a proposal and an opposition and it is not necessary to be strictly a court, R. v. London County Council, (1931) 2 KB 215: 100 LJKB 760: 144 LT 464 (CA)...
judicial bond
judicial bond see bond ...
Judicial bypass
Judicial bypass, means a procedure permitting a person to obtain a court's approval for an act that would ordinarily require the approval of someone else, such as a law that requires a minor to notify a parent before obtaining an abortion but allows an appropriately qualified minor to obtain a court order permitting the abortion without parental notice, Black's Law Dictionary, 7th Edn., p. 850....
Judicial capacity
Judicial capacity, is an ambivalent term which means 'capacity of or proper to a Judge' and is capable of taking in all functional capacities of a Judge whether administrative, adjudicatory or any other, necessary for the administration of justice, Bhardakanta Mishra v. Registrar of Orissa High Court, AIR 1974 SC 710 (723): (1974) 1 SCC 374....