Actual Authority - Law Dictionary Search Results
Home Dictionary Name: actual authority Page: 2opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
Potential
Potential, in Oxford Dictionary it is defined as 'capable of coming into being, possibility'. In Black's Law Dictionary it is defined as extending in possibility but not in act'. Naturally and probably expected to come 'into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement, already made.' In other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. The clause is thus very wide and extends to any or all actual or potential users, Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243: AIR 1994 SC 787 (793). [Consumer Protection Act, 1986, s. 2(o)]...
War
War. The sovereign has the sole prerogative of making war or peace.Where war actually prevails, the ordinary courts have no jurisdiction over the action of the military authorities (Ex parte D.F. Marais 1902 AC 115). See ARMY; DECLARATION OF WAR; and consult Owen's Declaration of War; Holland's Law of War on Land; Hall's International Law; Grot. De Jure Pac. et Bel.1. Hostile conflict by means of armed forces, carried on between nations, status or rulers, or sometime between parties, within the same nation or state, a period of such conflict 2. A dispute or competition between adversaries; 3. A straggle to scire a pervasive problem, Black's Law Dictionary, 7th Edn., p. 1576...
Court of wards, minor under jurisdiction of
Court of wards, minor under jurisdiction of, means a person of whose estate the Court of Estate the Court of Wards has actually assumed management under the orders of the government and not under the person of whose estate the court of wards might with the sanction of the government take chose, (1881) 3 Mad 11. [Indian Majority Act, 1875 (9 of 1875), s. 3]...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Commanding
Exercising authority actually in command as a commanding officer...
ripeness doctrine
ripeness doctrine : a doctrine prohibiting federal courts from exercising jurisdiction over a case until an actual controversy is presented involving a threat of injury that is real and immediate ...
Absence of accused
Absence of accused, The accused must be present at the trial in cases of treason and felony, and cannot be sentenced in his absence, R. v. Hales, (1924) 1 KB 602.In cases of indictable misdemeanours, though the accused's presence at the actual trial is not absolutely essential, he must be present at the preliminary inquiry. With regard to summary jurisdiction, the justices may proceed ex parte after proof of service of the summons.Absence of husband or wife for seven years is, under certain circumstances, a defence on an indictment for bigamy. See BIGAMY....
Borne by the owner
Borne by the owner, the amount of tax which the owner is liable to discharge as stated in the proviso to s. 23(1) of the Act, i.e., the liability to pay tax imposed by the local authority which the owner is liable to discharge and not the actual sum paid by him in discharge of that liability, CIT v. Dalhousie Properties Ltd., (1984) 4 SCC 388: AIR 1987 SC 1867 (1868): (1985) 1 SCR 613. [Income Tax Act (43 of 1961) s. 23 (1)]...
Impose
Impose, the word 'impose' in s. 59 of the Bombay District Municipal Act means the actual levy of the tax after authority to levy it has been acquired by rules duly made and sanctioned, and it is such imposition that is made subject to the general or special orders of the Government, Municipality of Anand v. State of Bombay, AIR 1962 SC 988 (991). [Bombay District Municipal Act, (3 of 1901), s. 59(1)]...
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