Administrative Act - Law Dictionary Search Results
Home Dictionary Name: administrative actQuasi Judicial Act
Quasi Judicial Act, a Quasi Judicial Act requires that a decision is to be given not arbitrarily or in the mere discretion of an authority, but according to the facts and circumstances of the case, as determined upon an enquiry held by the authority after giving an opportunity to the party to be affected of being heard and whenever necessary leading evidence in support of his contentions, Avadhesh Pratap Singh v. State of Uttar Pradesh, AIR 1952 All 63 (69). (Constitution of India, Art. 226)The concept of quasi-judicial act implies that the act is not wholly judicial; it describes only a duty cast on the executive body or authority to conform to norms of judicial procedure in performing some acts in exercise of its executive power. The procedural rules made by the Governor for the convenient transaction of business of the State Government apply also to quasi-judicial acts; provided those Rules conform to the principles of judicial procedure, Gullapali Nageswara Rao v. Andhra Pradesh St...
Administrative act
Administrative act, an act made in a management capacity; esp. an act made outside the actor's usual field (as and when a judge supervises court personnel); an administrative act is often subject to a greater risk of liabilities than an act within the actor's usual field, Black Law Dictionary, 7th Edn., p. 25....
Criminal Justice Administration Act (English)
Criminal Justice Administration Act (English), 1914 (4 & 5 Geo. 5, c. 58). The Act considerably enlarges the jurisdiction of Courts of Summary Jurisdiction; requires time to be allowed for payment of fines; substitutes 'detention' for imprisonment in certain cases; extends the powers of Courts as to commital to Borstal Institutions; and extends the right of appeal....
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...
quasi-judicial
quasi-judicial : of, relating to, or being an administrative act, body, or procedure that is concerned with the adjudication of specific rights and obligations rather than the promulgation of rules, that requires discretion and decision, and that may be subject to notice and hearing requirements and judicial review ...
Malicious Damage Act, 1861
Malicious Damage Act, 1861 [(English) 24 & 25 Vict. c. 97], consolidating and amending the law as to arson (q.v.) and other damage to property. The Act has been amended by the Criminal Justice Administration Act, 1914, s. 14; also (animals), 1 & 2 Geo. 5, c. 27, and 2 & 3 Geo. 5, c. 17; (fishing waters), 13 & 14 Geo. 5, c. 16; (trees and commons). 15 & 16 Geo. 5, c. 86; (ancient monuments), 19 & 20 Geo. 5, c. 17, and other Acts....
Administrator
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...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
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....
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....
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