Associate Justice - Law Dictionary Search Results
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associate justice : a justice of a court of last resort who is not the chief justice ...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Association
Association, a writ or patent sent by the Crown to the justices appointed to take assizes to have others associated with them; it is usual where a judge becomes unable to attend to his circuit duties, or dies-Reg. Brev. 201. Also a company or partnership, q.v., and see SOCIETY.Means an association of individuals, whether incorporated or not, having an office in India and includes a society, whether registered under the Societies Registration Act, 1860, or not, and any other organisation, by whatever name called. [Foreign Contribution (Regulation) Act, 1976 (49 of 1976), s. 2 (1) (a)]Means any combination or body of individuals. [Unlawful Activities (Prevention) Act, 1967 (37 of 1967), s. 2 (a)]Two vital elements of an association are members and a common purpose for which they associate. If an association is constituted under a statute; it can be dissolved only in accordance with that statute; if it is organised on the basis of a contract, then it can be dissolved only in accordance wi...
Chief Justice of the Common Pleas
Chief Justice of the Common Pleas, the presiding judge in the court of Common Pleas, and afterwards in the Common Pleas Division of the High Court of Justice, and one of the ex-officio judges of the High Court of appeal (English) (Jud. Act, 1873, s. 5, and Jud. Act, 1875, s. 4). He had five (formerly four, until 31 & 32 Vict. c.125, see s. 11) puisne judge associated with him. In 1881, after the promotion of Lord Chief Justice Coleridge to the office of Lord Chief Justice of England, the office was abolished by Order in Council under s. 31 of the (English) Jud. Act, 1873, and merged in that of Lord Chief Justice of England....
Association of persons
Association of persons, word 'associate' means, according to the Oxford dictionary, 'to join in common purpose, or to joint in an action'. Therefore, an association of persons must be one in which two or more persons join in a common purpose or common action, and as the words occur in a s. which imposes a tax on income, the association must be on the object of which is to produce income, profits or gains, CIT v. Indira Balkrishna, AIR 1960 SC 1172 (1174): (1960) 3 SCR 513. (Income-tax Act, 1922 s. 3)'Association of persons' as used in s. 3 of the Act means an association in which two or more persons join in a common purpose or common action, and as the words occur in a s. which imposes a tax on income, the association must be one, the object of which is to produce income, profits or gains, N.V. Shanmugham v. CIT, (1970) 2 SCC 139 (143): AIR 1970 SC 1707. (Income-tax Act, 1922 s. 3)...
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Commutative justice and distributive justice
Commutative justice and distributive justice, Aristotle's doctrine of justice of equality is called by him commutative justice which requires at least two persons while distributive justice requires at least three. Relative equality in treating different persons while grating relief according to need, or reward and punishment according to merit and guilt is the essence of distributive justice. While in commutative justice the two persons confront each other as co-equals, there or more persons are necessary in distributive justice in which one, who imposes burdens upon or grants advantages to the others, is superior to them. 'Therefore, it presupposes an act of distributive justice which has granted to those concerned, equality to rights, equal capacity to act, equal status.' [The Legal Philosophies of Lask, Radbruch and Dabin, p. 74] According to Radbruch, 'distributive justice is the prototype of justice. In it we have found the idea of justice, toward which the concept of law must be...
Associate
Associate, was an officer in each of the Courts of Common Law, appointed by the chief judge of the Court, and holding his office dum bene se gesserit (15 & 16 Vict. c. 73); his duties being to superintend the entry of causes; to attend the sittings of Nisi Prius, and there receive and enter verdicts; to draw up the posteas (the indorsement of the result on the record), and any orders of Nisi Prius. The associates were made officers of the Supreme Court by the (English) Judicature Act, 1873, and were given by title of 'Masters of the Supreme Court' by the (English) Judicature (Officers) Act, 1879. This latter provision has been repealed clerks of the Associates Department of the Crown Office Department of the Central Office of the Supreme Court now perform these duties. See CLERK OF ASSIZE.A person is an associate of an individual if person is that individual's husband or wife, or is a relative, or the husband or wife of a relative, of the individual or of the individual's husband or wi...
Legal justice and natural justice
Legal justice and natural justice, the expression 'natural justice' and 'legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law, Canara Bank v. Debasis Das, AIR 2003 SC 2041 (2047): (2003) 4 SCC 557....
Administration of justice
Administration of justice, means the right with a political community by means of the physical force of the State; the State's application of the sanction of force to the rule of right, Black Law Dictionary, 7th Edn., p. 45.Administration of justice has a wide meaning and includes administration of civil as well as criminal justice. The expression 'administration of justice' is wide enough to include the 'powers and jurisdiction of all the courts including the High Courts except the Supreme Court, Jamshed N. Guzdar'v. State of Maharashtra, (2005) 2 SCC 591. [Constitution of India, List 111, Entry 11A, Schedule 7]The word 'Administration of Justice in List 111, Entry 11-A in 7th Schedule of Constitution only shows that, the Topic ' Administration of Justice can be legislated on both by Union as well as the State legislatures, Union of India v. Cadell Weaving Mills Co. (P) Ltd., (2005) 2 SCC 590.--the expression 'administration of justice' has wide amplitude covering conferment of genera...
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