J Dictionary
Judicial order
Judicial order, to maintain the rights of the res-pondents within a political community by means of the physical force of the State, Oinam Ibomcha Singh v. Ningthoujam Mangi Singh, AIR 1957 Mani 18....
judicial power
judicial power see power ...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
Judicial question
Judicial question, means a question that is proper for determination by the courts, as opposed to a moot question or one properly decided by the executive or legislative branch, Black's Law Dic-tionary, 7th Edn., p. 852....
judicial restraint
judicial restraint : a refraining in the judiciary from departure from precedent and the formulation of broad doctrine compare judicial activism ...
judicial review
judicial review 1 : review 2 : a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional ;also : the process of using this power see also checks and balances Marbury v. Madison in the Important Cases section ...
Judicial review
Judicial review, is not only concerned with the merits of the decision but also of the decision-making process. It intends to protect the individual against the misuse or abuse of the power by a wide range of authorities. Judicial review is a protection to the individual and not at weapon, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (738).Means to look again main object of granting a review of judgment in reconsideration of the same matter by the same judge under certain conditions (CPC, 1908, s. 114)Judicial Review, is the power of the court to review statutes or administrative acts and determine their constitutionality. The examination of Federal and State Legislative Statutes and the acts of executive officials by the courts to determine their validity according to written Constitution, Dictionary of Political Science, Joseph Dunner, 1965, p. 285.In England the judiciary has no power to review the laws made by Parliament, Limited Government and Judicial Review, D.D. Basu, p. 2...
judicial sale
judicial sale see sale ...
judicial separation
judicial separation : legal separation ...