Apparent Authority - Law Dictionary Search Results
Home Dictionary Name: apparent authorityApparent 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 authority
apparent authority see authority ...
authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
authority by estoppel
authority by estoppel :apparent authority at authority ...
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...
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...
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 from the record
Mistake apparent from the record, s. 35(1) of the Act refers not only to the order of assessment but it comprises all proceedings on which the assessment order is based and the Income-tax Officer is entitled for the purpose of exercising his jurisdiction under s. 35 to look into the whole evidence and the law applicable to ascertain whether there was an error, Maharana Mills (P) Ltd. v. Income Tax Officer, AIR 1959 SC 881 (886): (1959) Supp 2 SCR 547. [Income-tax Act, 1922, s. 35 (1)]...
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)]...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
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