By Law - Law Dictionary Search Results
Home Dictionary Name: by law 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...
law
law [Old English lagu, of Scandinavian origin] 1 : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a : a command or provision enacted by a legislature see also statute b : something (as a judicial decision) authoritatively accorded binding or controlling effect in the administration of justice [that case is no longer the of this circuit] 2 a : a body of laws [the of a state] ;broadly : laws and justice considered as a general and established entity [the looks with disfavor on restraints on alienation] b : common law compare equity 3 a : the control or authority of the law [maintain and order] b : one or more agents or agencies involved in enforcing laws c : the application of a law or laws as distinct from considerations of fact [an error of ] see also issue of law at issue matter of law at matter question of law at question 4 : the whole body of laws and doctrines relating to one subject [contract ] [the...
Poor laws
Poor laws. By the (English) Poor Relief Act, 1601, (43 Eliz. c. 2), frequently called 'The Act of Elizabeth,' overseers of the poor were annually appointed in every parish; the churchwardens of every parish being also ex-officio overseers, except in rural parishes, in which the churchwardens ceased to be overseers by virtue of the Local Government Act, 1894.Overseers of the Poor and Boards of Guardians were abolished (overseers from 1st April, 1927, boards of guardians from 1st April, 1930, except in the Scilly Islands) by the Rating and Valuation Act, 1925, and their powers, duties and property were transferred to local authorities.By the Poor Law Amendment Act, 1834, the administration of the parochial funds and the management of the poor throughout the country were placed for five years under the control of a central board called 'The Poor Law Commissioners'; succeeded in 1847 by a temporary 'Poor Law Board' made perpetual, after many continuances, in 1867; and in 1871, by 'The (Eng...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
canon law
canon law : a body of religious law governing the conduct of members of a particular faith ;esp : the codified church law of the Roman Catholic Church NOTE: Common law has been influenced by canon law in the areas of marriage and inheritance. Roman Catholic canon law, like the civil law, has been modeled on ancient Roman law. The source for Roman Catholic canon law is the Code of Canon Law. The Rudder (Pedalion) is a source for Greek Orthodox canon law. Jewish canon law is contained in the Talmud. ...
civil law
civil law often cap C&L 1 : Roman law esp. as set forth in the Code of Justinian 2 : the body of law developed from Roman law and used in Louisiana, in continental Europe, and in many other countries outside of the English-speaking world including esp. those that were colonized by countries of continental Europe see also the Judicial System in the back matter compare common law NOTE: Although Louisiana is the only state in the U.S. whose law is based entirely on civil law, remnants of civil law remain in other states (as Texas and California) in which countries of continental Europe had a strong influence. 3 : the law established by a nation or state for its own jurisdiction 4 : the law that applies to private rights esp. as opposed to the law that applies to criminal matters compare criminal law ...
Law merchant
Law merchant [lex mercatoria, Lat.], that part of the law of England which governs mercantile transactions. It is founded upon the general custom of merchants of all nations, which, though different from the general rules of the Common Law, has been gradually engrafted into it and made to form part of it. See Introduction to Smith's Merc. Law.Law merchant, means a system of customary law that developed in Europe during the Middle Ages and regulated the dealings of mariners and merchants in all the commercial countries of the world until the 17th century. Many of the law merchant's principles came to be incorporated into the common law, which in turn formed the basis of the Uniform Commercial Code. Also termed commercial law: lex mercatoria, Black's Law Dictionary, 7th Edn., p. 893....
Save with the authority of law and except by authority law
Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
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