Administrative Hearing - Law Dictionary Search Results
Home Dictionary Name: administrative hearing Page: 4Remand
Remand, means to return from one court to another especially lower court or from a court to an administrative agency, McCarton v. Estate of Watson, 693 2d 192 (1984).Remand, to re-commit, or send back to prison, one charged before a magistrate (see Indictable Offences Act, 1848, s. 21, and Summary Jurisdiction acts, 1848, s. 16 and 1879, s. 24), in the first instance for the sake of allowing further evidence to be collected and adduced at a further hearing.The act or instance of sending something (such as case, claim, or person) back for further action, Black's Law Dictionary, 7th Edn., p. 1295....
Judicial Act
Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial a...
Public Worship Regulation Act, 1874
Public Worship Regulation Act, 1874 (English) (37 & 38 Vict. c. 85). By this Act'which proceeds on the preamble that it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England'it was provided that whensoever a vacancy should occur in the office of official principal of the Arches Court of Canterbury (see ARCHES COURT), the judge appointed under that Act should become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to mattes arising within the province of Canterbury should be deemed to be taken in the Arches Court of Canterbury. The Court may be set in motion on representation by one archdeacon, or churchwarden, or any three parishioners declaring themselves to be members of the Church of England: (1) that in any church any alteration in or addition to the fabric, ornaments, or furniture thereof...
Outlawry
Outlawry [fr. utlagaria, Lat.], the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Court.Outlawry has long been obsolete in civil proceedings, and is formally abolished by the Civil Procedure Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), in civil proceedings. In criminal proceedings it is practically disused, but is formally kept alive by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which Act, while abolishing forfeiture for felony expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry; and the procedure in and for reversal of outlawry is given in Rules 88-110 of the Crown Office Rules of 1906.The maxim applicable to outlaws is, 'let them be answerable to all, and none to them.' Utlagatus est quasi extra legem positus; caput gerit lupinum. 7 Co. 14, (An outlaw is, as it were, placed outside the law; he bears the head of a wolf.) Accordingly, any person outlawed is civiliter mortuus. He c...
For such State or any part thereof
For such State or any part thereof, The expression 'for such State or any part thereof' occurring in article 246(3) of the Constitution of India cannot be taken to import into entry 54 of II List the restriction that the sale or purchase referred to must take place within the territory of that State. All that it means is that the laws which a State is empowered to make must be for the purposes of that State, State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252: (1953) SCR 1069.For the most part, means more than half, Reg. v. H.M. Treasury, Ex parte Cambridge University (ECJ), (2001) 1 WLR 2514.For the purpose of business, amount spent on third persons who have no connection with petitioner's business. Such expenditure cannot said to be for the purpose of rationalisation of administration or modernization of machinery or for preservation of business or for protecting its assets and property, C.I.T. v. Malayalam Plantation Ltd., AIR 1964 SC 1722 [Income Tax Act, 1961]Occurring ...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Caveat
Caveat (let him take heed), a warning or caution. If a person desired to stop the enrolment for decree in Chancery, in order to present a petition of appeal to the Lord Chancellor, he entered a caveat with his lordship's secretary, which prevented the enrolment for 28 days. See Appeal. It is sometimes entered to prevent the issuing of a lunacy commission. It is also entered to stay certain proceedings in Admiralty, the probate of a will, letters of administration, a licence of marriage, or an institution of a clerk to a benefice. Also a synonym for a Caution (q.v.), under the (English) Land Registration Act, 1925.In Scotland any one who expects certain proceedings to be taken by another may lodge with the Clerk of court a 'caveat.' He is then entitled to be informed by the Clerk if and when the proceedings are taken.--Where an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, in a court, any person claiming a right to app...
Appellate Jurisdiction Acts, 1876, 1887, 1913 and 1929
Appellate Jurisdiction Acts, 1876, 1887, 1913 and 1929 (English) (19 Geo. 5, c. 8). These Acts modernize the procedure of the House of Lords as a Court of Appeal. An appeal lies to the House of Lords from any judgment or order of the Court of Appeal in England, and also from certain Courts in Scotland and Ireland. But Administration of Justice (Appeals) Act, 1934 (24 & 25 Geo. 5, c. 40) provides that no appeal shall lie from the Court of Appeal to the House of Lords except with the leave of that Court or the House of Lords. Three members of the House, having held high judicial office, form a quorum, but any member of the House, whether having held high judicial office or not, has still a technical right to take part in a judgment; but peers not being law lords have not taken such part since 1783 (in Bishop of London v. Fytche, (1783) 1 East 487), except in Bradlaugh v. Clarke, (1883) 48 LT 681, in which Lord Denman took part in a hearing and voted with Lord Blackburn against three othe...
Treason
Treason [fr. trahir, Fr., to betray; proditio, Lat.], or leze-majesty, an offence against the duty of allegiance, and the highest known crime, for it aims at the very destruction of the commonwealth itself. Five species of treason are declared by the Treason Act, 1351, or 'Statute of Treasons' (25 Edw. 3, st. 5, c. 2), as follows:-(1) When a man doth compass or imagine the death of our lord the king (a queen regnant is within these words), of our lady his queen or of their eldest son and heir.(2) If a man do violate the king's companion (i.e., his wife), or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir.(3) If a man do levy war against our lord the king in his realm. (After a battle has taken place, it is termed bellum percussum; before it, bellum levatum.)(4) If a man be adherent to the king's enemies in his realm, giving to them aid or comfort in the realm or elsewhere.(5) If a man slay the chancellor, treasurer, or the king's justices assigned to...
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