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Home Dictionary Name: at the instance of Page: 2Administrative law
Administrative law, is a separate body of rules relating to administrative authorities and officials, applied in special administrative court. Dicey's Law of the Constitution, 1st Edn. 1885. Dicey's Law of Constitution, 10th Edn., p. 330. See also Re Grosvenor Hotel, London, (No. 2), 1965 Ch D 1210 at p. 1261: (1964) 3 All ER 354; Re Racal case of Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147: (1969) 1 All ER 208 (HL); Breen v. Amalgamated Engineering Union, (1971) 2 QB 175: (1971) 1 All ER 148.Administrative law is understood to mean the law relating to the discharge of functions of a public nature in government and administration. It includes the law relating to functions of public authorities and officers and of tribunals, judicial review of the exercise of those functions, the civil liability and legal protection of those purporting to exercise them and aspects of the means whereby extra-judicial redress may be obtainable at the instance of persons aggrieved. H...
Criminal information
Criminal information, a proceeding in the King's Bench Division of the High Court of Justice atthe suit of the king,without a previous indictment or presentment by a grand jury. Criminal informa-tions are of two sorts: (1) Ex officio, which is a formal, written suggestion of an offence com-mitted, filed bby the Attorney-General, or, in the vacancy of that office, by the Solicitor-General, in the King's Bench Division of the High Court, without the intervention of a grandjury. It lies for misdemeanours only, and not for treasons or felonies. The informationis filed in the Crown Office without the previous leave of the Court. (2) Information by the Master of the Crown Office, which is filed at the instance of an individual called 'the relator,' with the leave of the Court; and usually confined to gross and notorious misdemeanours, riots, batteries, libels, and other immoralities. Criminal informations may also be filed against judges and magistrates for illegal, unjust,and wilfully oppre...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Staunforde
Staunforde, the author of the Pleas of the Crown, in the reign of Philip and Mary. This book is written in French; the method of it is perspicacious, and the matter disposed with learning and accuracy. The author is uncommonly full in his quotations, the statutes are generally given at length, and whole pages are frequently transcribed from Bracton. This is in general done with success and propriety, though sometimes his author has failed him; as, among other instances, may be observed Bracton's definition of larceny, which was not law at the time Staunforde wrote.As Staunforde has the praise of being our earliest writer on pleas of the Crown, so has his merit been acknowledged by those who have followed him in the same walk, they having, in general, adhered to the arrangement and divisions of his work. He treats of his subject under three heads: first, of crimes; next, of the method of bringing delinquents of justice; and lastly, of trials and punishment. The several titles into which...
Manager
Manager, a superintendent, a conductor, or director. As to the appointment of a manager of a business at the instance of a mortgagee, see Coote on Mortgages. As to managers appointed by debenture holders, see (English) Companies Act, 1929, s. 86, and Part VI. Of that Act relating to receivers and managers. As to special manager.[See (English) Bankruptcy Act, 1914, s. 10; (English) Companies Act, 1929, s. 209]Manager means a person who, subject to the control and direction of the directors, has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract or service or not. It will be clear that to satisfy the aforesaid definition a person, which could include a firm, body corporate or an association of persons, apart from being in management of the whole affairs of a company had to be 'subject to the control and direction of the directors'. This definition has underg...
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...
Fraudulent conveyances, Statutes against
Fraudulent conveyances, Statutes against, sect. 172 of the (English) L.P. Act, 1925, now provides that every conveyance of property made either or before 1925 with intent to defraud creditors shall be voidable at the instance of any person thereby prejudiced, but the s. does not affect disentailing assurances or the law of bankruptcy, nor does it extend to conveyances in good faith either for valuable or for good consideration to any person without notice of fradulent intent. This enactment replaces 13 Eliz. c. 5 (A.D. 1570), made perpetual by 29 Eliz. c. 5. See Twyne's case, (1602) 3 Rep 80; 1 Smith's L.C. 1; Halifax Bank v. Gledhill, (1891) 1 Ch 31.The 27 Eliz. c. 4, s. 2, made perpetual by 39 Eliz. c. 18, enacts that every conveyance of lands, made with the intent to defraud and deceive any person, bodies politic or corporate, who shall purchase the same, shall be deemed (as against that person, etc.) to be utterly void. But the Act shall not be construed to defeat or make void any ...
District Parishes
District Parishes, ecclesiastical divisions of parishes for all purposes of worship, and for celebration of marriage, baptisms, churchings, and burials formed at the instance of the Royal Commissioners for Building New Churches, and regulated by the (English) New Parishes Acts, 1843 and 1844 (6 & 7 Vict. c. 37, and 7 & 8 Vict. c. 94)....
Deceit
Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or without caring whether it was true or not, and intending that the plaintiff should rely upon it and that the statement was relied upon by the plaintiff and caused damage; non-disclosure may be fradulent, see Suppressio veri, suggestio falsi,' and Cackett v. Keswick, (1902) 2 Ch 456, and Christine Ville Rubber Estates, (1911) 28 TLR 38, and CONCEALMENT [Smith v. Chadwick, (1884) 9 AC 187, and Dery v. Peek, (1889) 14 App Cas 337]. Under the (English) Companies Act, 1929, s. 37, a special action for deceit will lie at the instance of any subscriber for shares or debentures who has subscribed for these on the faith of a prospectus inviting him to subscribe against any director, or person named or referred to as a director in the prospe...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
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