Administrative Adjudication - Law Dictionary Search Results
Bankrupt
Bankrupt [fr. bancus, or banque, the table or counter of a tradesman, and ruptus, Lat., broken, denoting thereby one whose shop or place of trade is broken or gone]. A debtor who does certain acts, tending to defeat or delay his creditors, may be adjudged bankrupt, and so made liable to the bankruptcy laws. Before the (English) Bankruptcy Act,1861 (24 & 25 Vict. c. 134), 'traders' only were liable to be made bankrupts, other insolvent debtors being dealt with by a succession of Relief of Insolvent Debtors Acts. See INSOLVENCY.Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cann...
Banking policy
Banking policy, means any policy means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. [Banking Regulation Act, 1949 (10 of 1949), s. 5 (ca)]Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cannot meet current financial obligations, an insolvent person; Debt...
Discretion
Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...
bankrupt
bankrupt : a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors [was adjudicated a ] — see also debtor adj : ruined financially ;esp : judicially declared a bankrupt [the company is ] compare insolvent vt : to reduce to bankruptcy [was ed by attorney's fees] ...
informal agency action
informal agency action : an action (as investigation, publicity, or supervision) of an administrative agency that is not adjudication or rulemaking ...
adjudicate
adjudicate -cat·ed -cat·ing [Latin adjudicare to award in judgment, from ad to, for + judicare to judge see judge ] vt 1 : to settle either finally or temporarily (the rights and duties of the parties to a judicial or quasi-judicial proceeding) on the merits of the issues raised 2 : to pass judgment on as a judge : settle judicially 3 : to pronounce judicially to be [was adjudicated a bankrupt] [was adjudicated the child's father] 4 : to convey by judicial sale vi : to come to a judicial decision : act as judge [the court adjudicated upon the case] ad·ju·di·ca·tion [ə-jü-di-kā-shən] n ad·ju·di·ca·tive [ə-jü-di-kā-tiv, -kə-] n ad·ju·di·ca·tor [-kā-tər] n ...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Rem, Judgment in
Rem, Judgment in, is an adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent jurisdiction and concluding all persons (not merely the parties to the proceedings) from saying that the status of the thing adjudicated upon was not such as declared by the adjudication, Rex. v. Hartington, 4 E&B 780; and see Castrique v. Imrie, 8 CBNS (1) 405 and LR 4 HL 414. Where a Court rei sit' has control over the thing and jurisdiction to decide as to its dis-position, the adjudication is conclusive against the world, see opinion of judges, per Blackburn J., in the House of Lords, supra. The chief instances are in the Admiralty Courts; foreign judgments, declar-ing status of a ship; or in the matrimonial causes, etc.; grants of probate or administration; con-demnation of goods by a competent tribunal, Geyer v. Aquilar, 7 TR 696; and as to highways, Wakefield Corporation v. Cooke, 1904 AC 31. See The Duchess of Kingston's case, and notes thereto, 2 Sm....
Court or Tribunal
Court or Tribunal, all tribunals are not Courts, though all courts are tribunals. The word 'Courts' is used to designate those tribunals which are set up in an organised State for the administration of justice. By administration of justice is meant the exercise of judicial power of the State to maintain and uphold rights and to punish 'wrongs', Harinagar Sugar Mills Ltd. v. Shyam Sunder, AIR 1961 SC 1669 (1680): (1962) 2 SCR 339. (Constitution of India, Art. 136)The Customs Officer is not a Court or Tribunal though in adjudicating upon matters under s. 167 of the Act he has to act in a judicial manner. It may be conceded that neither the Central Board of Revenue, nor the Central Government is a Court within the meaning of Art. 136, Indo-China Steam Navigation Co. Ltd. v. Jasjit Singh, AIR 1964 SC 1140 (1146): (1964) 4 SCR 594. [Constitution of India, Art. 136, Sea Customs Act, s. 167]. See also Kihoto Hollohan v. Zachillhu, AIR 1993 SC 412...
Any person
Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...
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