Appropriate Proceedings - Law Dictionary Search Results
Home Dictionary Name: appropriate proceedingsAppropriate proceedings
Appropriate proceedings, Art. 32(1) guarantees a right to move by 'appropriate proceedings': there is therefore in the Article itself limitation upon the exercise of the right. Appropriate proceedings would include the procedure relating to form, conditions of lodgement of petition compliance with all reasonable directions imposed which would conduce to the smooth conduct of proceeding in this Court. Power to make rules for practice and procedure of this Court read with the guarantee under Art. 32(1) to move by appropriate proceedings implies the power to impose procedural restrictions conducive to the orderly progress of the petition for relief for breach of a fundamental right, Prem Chand Garg v. Excise Commissioner Uttar Pradesh, AIR 1963 SC 986 (1005): 1963 Supp (1) SCR 885. [Constitution of India, Art. 32(1)]Article 32 speaks generally of 'appropriate proceedings'. It should be a proceeding which can appropriately lead to an adjudication of the claim made for the enforcement of a ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
Falsely charges
Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge' must refer to the criminal or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words 'falsely charges' have to be read along with the expression 'institution of criminal proceeding'. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their content sense. They get as it were their colour and content from each other. They seems to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedi...
Void and voidable
Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...
Appropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Appropriation, powers of
Appropriation, powers of. The Administration of Estates Act, 1925, s. 41,has conferred on personal representatives a general power to appropriate any part of the real or personal estate (including things in action) of the deceased in its actual condition or state of investment at the time of appropriation in or towards satisfaction of any legacy or interest or share in his property as to the personal representative may seem just or reasonable having regard to the rights of the persons interested in that property subject to the consent of the person entitled to that part, or to the income (if the share is settled), or of his parent, guardian, committee or receiver if he is under incapacity owing to infancy or otherwise. No other consents are required and provision is made for dispensing with any consent. Any property when duly appropriated is to be treated as an authorized investment. An appropriation with consent under this Act is subjected to an ad valorem duty as a conveyance. Aliter...
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Appropriate authority
Appropriate authority, means the Appropriate Authority appointed under s. 13. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2 (b)]Means the Appropriate Authority appointed under s. 17. [Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (57 of 1994), s. 2 (a)]Means, in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority; and in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 240, Note 2, p. 177....
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