Administrative Convenience - Law Dictionary Search Results
Home Dictionary Name: administrative convenienceAdministrative convenience
Administrative convenience, in relation to bankruptcy means a provision permitting a bankruptcy plan to have a separate classification for small, unsecured claims, to the extent that the separate classification will assist in a more efficient disposition of to estate, as by paying or eliminating the small claims earlier than other claims. 11 (USCA) & 1122(b)....
County
County [fr. Comte, Fr.; comitatus, Lat.], a shire or portion of country comprehending a great number of hundreds. England is divided into forty counties or shires, Wales into twelve and Scotland into thirty.It seems probable that the realm was originally divided into counties with a view to the convenient administration of justice, the judicial business of the kingdom having, in former times, been chiefly despatched in local Courts held in each different county, before the sheriff as its principal officer. His duties are now more ministerial than judicial.All the English counties except Rutland are subdivided for purposes of parliamentary representation.As to the divisons of counties for holding petty and special sessions, see the (English) Division of Counties Act, 1828 (9 Geo. 4, c. 43), the (English) Petty Sessional Divisions Act, 1836 (6 & 7 Wm. 4, c. 12), and the (English) Petty Sessional Divisions Act, 1859, Chitty's Statutes, tit. 'Justices (Sessions).'By (English) Local Governm...
Existing law
Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution o...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
Child-bearing
Child-bearing. The English law admits of no presumption as to the time when a woman ceases to bear children, though this enters into most other codes, and the practice of the Courts in treating women of a certain age as past child-bearing is not a rule of law but is a mere rule of convenience in the administration fo estates; there is no legal impossibility in a woman 100 years old bearing a child; see Farwell on Powers, p. 295 and cases there referred to; Co. Litt. 40 b. The possibility of bearing a child after the age of fifty-four was recognized by the Court of Appeal in Corxton v. May, (1878) 9 Ch D 388, in a case where the woman had been married only three years....
Quasi 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...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Reconcentration
The act of reconcentrating or the state of being reconcentrated esp the act or policy of concentrating the rural population in or about towns and villages for convenience in political or military administration as in Cuba during the revolution of 1895 98...
Department
Department, includes any division or branch of a department. [Army Act, 1950, s. 3 (ix)]Department means a department of Studies of the University. [Central Agricultural University Act, (40 of 1992), s. 2(h)]The word Department connotes a branch of division of government administration. For the sake of convenience the government work is divided subjectwise or functionwise, and each such division may be called a department. The word 'department' is capable of a wider meaning as also a narrower meaning. Narcotics Control Bureau is a department of Central Government, State v. Kulwant Singh, (2003) 9 SCC 193....
Same and similar
Same and similar, although the word same is frequently used in the sense of similar, the word similar never means 'same', AIR 1956 Punj 49 (55). (Partnership Act, 1932, s. 54)The two words 'same' and 'similar' connote different concepts and therefore the carrying of a similar business will not meet the requirements of the section. If one business cannot be conveniently carried on after the closure of the other, there would be a strong indication that the two businesses constituted the 'same business' but, no decisive inference could be drawn from the fact that after the closure of one business another may conveniently be carried on. The real test would be: was there any inter-connection, any interlacing, any inter-dependence, any unity at all embracing those two businesses. Such inter-connection, inter-relation, inter-dependence and unity exist when there is common management, common business organisation, common administration, common fund and a common place of business, B.R. Limited ...
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