Administrative - Law Dictionary Search Results
Home Dictionary Name: administrativeAdministrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
administrator
administrator 1 : a person appointed by a probate court to manage the distribution of the assets in the estate of a person who has died without leaving a valid will or leaving a will that does not name an executor able or willing to perform see also administratrix letters of administration at letter compare executor, personal representative administrator ad litem : an administrator appointed to represent an estate that is a necessary party to a lawsuit administrator cum testamento annexo : administrator with the will annexed in this entry administrator de bo·nis non [-dē-bō-nis-nÄ n, -dā-bō-nis-nōn] : an administrator appointed to administer the remaining assets in the estate when the preceding administrator or executor can or will no longer perform administrator pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : special administrator in this entry administrator with the will annexed : an ...
Administration
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 ...
Administrative law
Administrative law, is a separate body of rules relating to administrative authorities and officials, applied in special administrative court. Dicey's Law of the Constitution, 1st Edn. 1885. Dicey's Law of Constitution, 10th Edn., p. 330. See also Re Grosvenor Hotel, London, (No. 2), 1965 Ch D 1210 at p. 1261: (1964) 3 All ER 354; Re Racal case of Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147: (1969) 1 All ER 208 (HL); Breen v. Amalgamated Engineering Union, (1971) 2 QB 175: (1971) 1 All ER 148.Administrative law is understood to mean the law relating to the discharge of functions of a public nature in government and administration. It includes the law relating to functions of public authorities and officers and of tribunals, judicial review of the exercise of those functions, the civil liability and legal protection of those purporting to exercise them and aspects of the means whereby extra-judicial redress may be obtainable at the instance of persons aggrieved. H...
Quasi judicial
Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...
Administration of justice
Administration of justice, means the right with a political community by means of the physical force of the State; the State's application of the sanction of force to the rule of right, Black Law Dictionary, 7th Edn., p. 45.Administration of justice has a wide meaning and includes administration of civil as well as criminal justice. The expression 'administration of justice' is wide enough to include the 'powers and jurisdiction of all the courts including the High Courts except the Supreme Court, Jamshed N. Guzdar'v. State of Maharashtra, (2005) 2 SCC 591. [Constitution of India, List 111, Entry 11A, Schedule 7]The word 'Administration of Justice in List 111, Entry 11-A in 7th Schedule of Constitution only shows that, the Topic ' Administration of Justice can be legislated on both by Union as well as the State legislatures, Union of India v. Cadell Weaving Mills Co. (P) Ltd., (2005) 2 SCC 590.--the expression 'administration of justice' has wide amplitude covering conferment of genera...
Administration bond
Administration bond. The bond, usually for double the value of the property placed in possession of the administrator of the grant required under s. 167(1) of the (English) Jud. Act, 1925, as amended by the (English) Administration of Justice Act, 1928, Schedule 7, from every person to whom a grant of administration of a deceased person's estate has been made. As a rule, two sureties are also required. The conditions of the Bond are (1) to make and exhibit an inventory; (2) to administer according to law; (3) to exhibit any later will if found, and then deliver up the letters of administration. See (English) Jud. Act, 1925, and Probate Rules, 1925; and see ADMINISTRATION....
Judicial, quasi judicial
Judicial, quasi judicial, whether an act is a judicial or a quasi-judicial one or a purely executive act depends on the terms of the particular rules and the nature, scope and effect of the particular powers in exercise of which the act may be done and would, therefore, depend on the facts and circumstances of each case. Where an authority is required to act judically either by an express provision of the statute under which it acts or by necessary implication of the said statute the decisions of such an authority generally amount to quasi-judicial decisions. Where, however, the executive or administrative bodies are not required to act judicially and are competent to deal with issues referred to them administratively, their conclusions cannot be treated as quasi-judicial conclusions, Engineering Mazdoor Sabha v. Hind Cycles Ltd., AIR 1963 SC 874 (878); 1963 Supp (1) SCR 625....
Quasi judicial, quasi
Quasi judicial, quasi, A quasi-judicial function has been termed to be one which stands midway a judicial and an administrative function. The primary test is as to whether the authority alleged to be a quasi-judicial, has any express statutory duty to act judicially in arriving at the decision in question. If the reply is in affirmative, the authority would be deemed to be quasi-judicial, and if the reply is in the negative, it would not be. The dictionary meaning of the word 'quasi' is, 'not exactly', State of Himachal Pradesh v. Raja Mahendra Pal, (1999) 4 SCC 93: AIR 1999 SC 1786. [H.P. Forest Produce (Regulation of Trade) Act, 1982 (5 of 1982)]...
Administration, oath of
Administration, oath of, an oath which is required from persons applying for administration showing title or right to the grant and for due administration, see P. R., 1925, 113 (Principal) and 106 (District) Registry. See ADMINISTRATOR....
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