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Summary jurisdiction, Court of

Summary jurisdiction, Court of, 'means' in an Act of Parliament 'any justice or justices of the peace, or other magistrate by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the (English) Summary Jurisdiction Acts' (Interpretation Act, 1889, s. 13, sub-s. 11); but does not include justices at a licensing meeting: see Boulter v. Kent Justices, 1897, AC 556, reversing and overruling decisions of the Court of Appeal....

Rural Authority

Rural Authority. Under the (English) Public Health Act, 1936, s. 1, means the council of a rural district, provided that where a direction such as is mentioned in the Local Government Act, 1933, s. 42 (2) is in force; a reference to a rural authority in the P.H. Act shall be construed as a reference to the council temporarily administering the affairs of the district. So far as a rural district council is a council of a county district, it is an authority invested with the duty of carrying the P.H. Act into execution as provided by the Act without prejudice to the exercise by a parish council of any powers conferred upon such councils. Under s. 12, ibid., rural districts may constitute special purpose areas for charging exclusively sewage, water, or drainage expenses, and see s. 309, ibid., as to such expenses. Section 13 enables the Minister of health to invest any rural district or any contributory place therein with urban powers. See WATCHING AND LIGHTING....

Nominated authority

Nominated authority, means an officer not below the rank of Station Officer nominated by the Chief Fire Officer, and includes an officer nominated by a local authority or a railway administration as a nominated authority for the purposes of this Act. [Delhi Fire Prevention and Fire Safety Act, 1986 (56 of 1986), s. 2(i)] [s. 2(i), Additional Emoluments (Compulsory Deposit) Act]...

Defect of jurisdiction

Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...

Express and implied authority

Express and implied authority, an authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case (Contract Act, 1872, s. 187)....

Available jurisdiction

Available jurisdiction, where more courts than one have jurisdiction over a subject-matter, they are called courts of available or natural jurisdiction, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341 (351). (Civil PC 1908, s. 16, 20)...

Authority competent to remove

Authority competent to remove, the expression 'the authority competent to remove' used in clause (c) of s. 6(1) is to be construed to mean also an authority without whose order or affirmation the public servant cannot be removed, K. Veeraswami v. Union of India, (1991) 3 SCC 655 (702). [Prevention of Corruption Act, 1947, s. 6(1)(c)...

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