Authorised By Law - Law Dictionary Search Results
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Save as otherwise provided by the Court
Save as otherwise provided by the Court, the prohibition in s. 362 against the court altering or reviewing its judgment is subject to what is 'otherwise provided by this court or by any other law for the time being in force'. Those words, however, refer to those provisions only where the court has been expressly authorised by the Code or other law to alter or review its judgment. The inherent power of the court is not contemplated by the saving provision contained in s. 362, Sooraj Devi v. Pyare Lal, AIR 1981 SC 736: (1981) 1 SCC 500: (1981) 2 SCR 485....
Official
Official, according to the dictionary, means pertain-ing to an office, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31 (38); See also State of Orissa v. Ganesh Chandra Jew, (2004) 8 SCC 40. (Criminal PC, 1973, s. 197)Official, formal; authorised.In the Civil Law, he is a minister of, or attendant upon, a magistrate. In the Canon Law, he is the person to whom a bishop commits the charge of his spiritual jurisdiction; there is one in every diocese, called officialis principalis, i.e., chancellor; the rest,if there are more, are officiales foranei, i.e., commissaries. in our statute she is the person whom the archdeacon appoints as his substitute. Wood's Inst. 30, 505...
Legislature
Legislature, is the body of persons in a State authorised to make, alter and repeal laws. It may consist of one or two Houses with similar or different powers, Office of the Speaker in the Parliaments of Commonwealth Wilding and Philip Laundry, p. 429.Union legislature is known as Parliament which consists of the two houses and President, Constitution of India, Art. 79.State legislature consists of one or two Houses and Governor, Constitution of India, Art. 168.Legislature, the power that makes laws. See PARLIAMENT.The word 'legislature' in the first part of Art. 252(1) of Constitution, in the context in which it appears, cannot mean the three component parts of the State legislature contemplated by Art. 168, but only the House or Houses of Legislature, as the case may be, i.e., excluding the Governor. There is a clear distinction between 'an Act of legislature','a legislature act' and a 'a resolution of the House', Union of India v. Valluri Basavaiah Chowdhary, AIR 1979 SC 1415: (1979...
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
Procuratory of resignation
Procuratory of resignation, a proceeding in the law of Scotland, by which a vassal authorises the fee to be returned to his superior, either to remain the property of the superior, in which case it is said to be a resignation ad emanentiam, or for the purpose of the superior's giving out the fee to a new vassal or to the former vassal and a new series of heirs, which is termed a resignation in favorem. It is somewhat analogous to the surrender of copyholds in England. See Bell's Scots Law Dict....
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Pleader
Pleader [fr. narrator, Lat.], one who draws pleadings. See SPECIAL PLEADER.It means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (15)]When used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other appointed with the permission of the Court to act in such proceeding. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (q)]...
Judicial and administrative functions
Judicial and administrative functions, The functions discharged by a High Court can be divided broadly into judical and administrative functions. The judicial functions are to be discharged essentially by the Judges as per the rules of the Court and cannot be delegated. However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively or in a group of two or more, and may be delegated or entrusted by authorization to subordinates unless there be some rule of law restraining such delegation or authorisation, Jamal Uddin Ahmed v. Abu Saleh Najmuddin, (2003) 4 SCC 257: AIR 2003 SC 1917...
Recognition
Recognition, an acknowledgement.Signifies an admission or an acknowledgement of something existing before. To recognise is to take cognizance of a fact. It implies an overt act on the part of the person taking such cognizance. 'Recognition' is, an acknowledgement by the government of the title of a grantee expressly or by some unequivocal act on its part. Acquiescence in the context of certain surrounding circumstances may amount to recognition, but it must be such as to lead to that inevitable conclusion. Mere inaction de hors such compelling circumstances cannot amount to recognition within the meaning of the section, T.V.V. Narasimhamam v. State of Orissa, AIR 1963 SC 1227 (1232). [Madras Estates Land Act (1 of 1908) s. 3(2)(d)]Confirmation that an act done by another person was authorised, Black's Law Dictionary, 7th Edn., p. 1277....
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