Appellant - Law Dictionary Search Results
Home Dictionary Name: appellant Page: 3Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
Adjudicating authority
Adjudicating authority, means an officer appointed by the Central Government under sub-s. (1) of s. 16 of the Act. [Foreign Exchange Management (Adjudica-tion Proceedings and Appeal Rules, 2000), R. 2 (b)](ii) Means an officer authorised under sub-s. (1) ofs. 16. [Foreign Exchange Management Act, 1999(42 of 1999), s. 2 (a)](iii) Means any authority competent to pass any order or decision under this Act but does not include the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963, Commissioner of Central Excise (Appeals) or Appellate Tribunal. [Central Excise Act, 1944 (1 of 1944), s. 2 (a)](iv) Means any authority competent to pass any order of decision under this Act, but does not include the Board, Commissioner (Appeals) or Appellate Tribunal. [Customs Act, 1962 (52 of 1962), s. 2 (1)](v) Means the authority specified in, or under, state s. 13. [Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), s. 2 (a)]...
remittitur
remittitur [Latin, it is sent back, remitted, third person singular present indicative passive of remittere to send back, remit] 1 a : a procedure under which a court may order the reduction of an excessive verdict ;esp : a procedure in which the court requires the plaintiff to remit the portion of the verdict deemed excessive in lieu of a grant of a defendant's motion for a new trial or of a reversal if the court is an appellate court b : a remission to a defendant by a plaintiff of the portion of a verdict considered excessive by the court c : the formal agreement or stipulation of a plaintiff waiving or releasing the right to receive the portion of a verdict considered excessive compare additur 2 : a sending back of a case and its record from an appellate or superior court to a trial or inferior court for further proceedings (as additional findings of fact) or for entry of a judgment in accordance with instructions or the decision of the higher court ...
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
Finding mains holding
Finding mains holding, a court properly has find-ings of fact and holdings or conclusions of law. The writer of the following sentence observed the distinctions meticulously. Because we find that the jury's finding of concurrent fault is amply supported by the evidence, we hold that appellee is entitled to full indemnity.In appellate courts, properly, only holding are affirmed, whereas factual findings are disturbed only when clearly erroneous, against the great weight of the evidence, etc., depending on the standard of review. Generally, it is not correct for an appellate Court to say that it affirms a finding of fact, Uttam Singh Duggal & Sons. v. Union of India, AIR 2002 Del 471....
Member
Member, is defined as 'member' in relation to an occupational pension scheme, means any active, deferred or pensioner member, Bus Employees Pension Trustees Ltd. v. Harrod, (1999) 3 WLR 1244.Member, means a member of the Authority. [Gujarat State Disaster Management Act, 2003, s. 2(l)]Member, means a member of the Commission and includes the Chairperson. [The National Commission for Minority Educational Institutions Act, 2004, s. 2(e)]Member, means a member of the council. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(e)]Member, means a person elected at an election to fill seats in a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad. [West Bengal Panchayat Election Act, 2003, s. 2(12)]Member, means a person joining in the application for the registration of a multi-State Co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act, the rules a...
Otherwise directed
Otherwise directed, expression 'otherwise directed' only means that the appellate authority can ask the assessee to deposit a portion of the amount and not the whole but the section gives no power to the appellate authority to permit the assessee to furnish security in lieu of cash amount of tax, Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724: (1969) 2 SCR 261. [Assam Sales Tax Act, 1947 (17 of 1947), s. 30(1)]...
Pass such orders as the Tribunal thinks fit
Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct the Appellate Assistant Commissioner or Income Tax Officer to hold a further enquiry and dispose off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455....
Route
Route, means a line of travel which specifies the highway which maybe traversed by a motor vehicle between one terminus and another. [Motor Vehicles Act, 1988, s. 2 (38)]Under s. 2(28A) inserted by s. 2 of Act 56 of 1969 the word 'route' has been defined as meaning 'a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another', Mysore State Road Transport Corporation v. Mysore State Transport Appellate Tribunal, AIR 1974 SC 1940: (1975) 1 SCR 615: (1974) 2 SCC 750.A route as defined is a line of travel between two termini on a highway, but the idea of a route as a notional line that the definition suggests has not been consistently maintained in the Act. A route may mean not only the notional line of travel between one terminus and another, but also the area of the road over which the motor vehicles ply. Yet the two terms are not inter-changeable, D. Papiah v. Mysore State Transport Appellate Tribunal, AIR 1976 SC 1731: (1976) ...
Constituted for
Constituted for, means the primary objective of the constitution. The primary objective of the appellant was certainly not to carry on educational activities, Makhija Construction and Engg Pvt. Ltd. v. Indore Development Authority, (2005) 6 SCC 304....
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