Apparent Agent - Law Dictionary Search Results
Home Dictionary Name: apparent agentapparent agent
apparent agent see agent ...
agent
agent 1 : someone or something that acts or exerts power : a moving force in achieving some result 2 : a person guided or instigated by another in some action [where the heads of departments are the political…s of the executive, merely to execute the will of the president "Marbury v. Madison, 5 U.S. 137 (1803)"] see also innocent agent 3 a : a person or entity (as an employee or independent contractor) authorized to act on behalf of and under the control of another in dealing with third parties see also agency, fiduciary relationship, subagent compare fiduciary, principal, servant apparent agent : an agent acting under an agency by estoppel bar·gain·ing agent : a labor union that represents the employees in a bargaining unit in negotiating with their employer through collective bargaining business agent : an agent that handles business affairs for another person or organization ;esp : a paid official of a union who carries on union business between the employ...
Apparent authority
Apparent authority, means authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal. Apparent authority can be created by law even when no actual authority has been conferred, Black Law Dictionary, 7th Edn., p. 128....
apparent
apparent 1 : capable of being easily seen, perceived, or discovered [ defects] [ ambiguity] 2 : having a right to succeed to a title or estate that cannot be defeated 3 : appearing to one's senses and esp. one's vision or to one's understanding as real or true on the basis of evidence that may or may not be correct or factual [an ability to cause injury] [the scope of the agent's authority] ap·par·ent·ly adv ...
Mistake apparent on the record
Mistake apparent on the record, A 'mistake apparent on the record' must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. A decision on a debatable point of law is not a mistake apparent from the record. The power of the officers mentioned in s. 154 of the Income-tax Act, 1961 to correct 'any mistake apparent from the record' is undoubtedly not more than of the High Court to entertain a writ petition on the basis of an 'error apparent on the face of the record', T.S. Balram, Income Tax Officer v. M/s. Volkart Brothers, AIR 1971 SC 2204 (2206): (1971) 2 SCC 526: (1972) 1 SCR 30. (Income-tax Act, 1961, s. 154)(ii) For finding out whether there is a mistake apparent on the record, the authority has to look to the amended law and not to the law that was in force at the time the original order was made, Commercial Tax Officer v. Shri Venkateswara Oil Mills, AIR 1973 SC 13...
Any mistake apparent from record
Any mistake apparent from record, cannot be defined scientifically, precisely or exhaustively and should be determined in the light of the fact and circum-stances of each case. It is well-settled that an error can be said to be an error apparent on the face of the record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent on the face of record, M. Ahammedkutty Haji v. Tahasildar Kozhikode, Kerala, (2005) 3 SCC 351.Means an error can be said to be an error apparent on the face of record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent, on the face of the record, M. Ahamadekutty Haji v. Tahsildar, (2005) 3 SCC 351 (359). [Kerala Building Tax Act, 1975 (7 of 1975), s. 15(1)]...
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Mistake or an error apparent on the face of the record
Mistake or an error apparent on the face of the record, under Order 47, Rule 1, CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be 'reheard and corrected'. A review petition, has a limited purpose and cannot be allowed to be 'an appeal in disguise', Parsion Devi v. Somitri Devi, (1997) 8 SCC 717 (719). (Code of Civil Procedure, 1908, Order 47, Rule 1 and s. 114...
Friend or agent
Friend or agent, a 'friend' who, in truth and substance, is a friend of the detenu may appear for the detenu but if such a 'friend' also happens to be a legal practitioner, he cannot, as of right, appear before the Advisory Board on behalf of the detenu. The same reasoning will apply to appearance by an 'agent'. In other words, if an 'agent' is in 'truth and substance' an agent, the detenu may appear through him. But if the 'agent' is a legal practitioner, appearance by him as of right will be barred. But a 'friend' or an 'agent' of the detenu who in essentially a comrade in the profession of the detenu for which he is detained, such a 'friend' or 'agent' will also be barred from appearance on behalf of the detenu, Devji Vallabhbhai Tandel v. Administrator of Goa, AIR 1982 SC 1029: (1982) 2 SCC 222: (1982) 3 SCR 553....
Mercantile agent
Mercantile agent. The Factors Act, 1839 (English) (52 & 53 Vict. c. 45), s. 1, defines a mercantile agent as 'a mercantile agent having in the customary course of his business as such agent authority either to sell goods or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods.' A mercantile agent has implied authority to pledge the goods entrusted to him, Weiner v. Harris, (1910) 1 KB 285. See also Weiner v. Gill, (1906) 2 KB 574; and Kempler v. Bravingtons Ltd., (1925) 133 LT 680.It means mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (9)]...
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