Commanding - Law Dictionary Search Results
Home Dictionary Name: commandingMandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Commander-in-Chief
Commander-in-Chief. The army was originally under the personal command of the sovereign, but in 1793 this command was delegated to a Commander-in-Chief appointed by patent. The command was divided in the middle of the nineteenth century between the Commander-in-Chief and a Secretary of State for War. The latter gradually became predominant, which held to the abolition of the former office in 1904, the Commander-in-Chief's duties being divided between the Army Council and the Inspector-General, the Secretary of State for War being responsible for the Army as a whole....
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
Commanding Officer
Commanding Officer, used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached. [Air Force Act, 1950 (45 of 1950), s. 4 (xv)]when used in any provision of this Act, with reference to any separate portion of the regular army or to any department thereof, means the officer whose duty it is under the regulations of the regular Army, or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case maybe, the functions of a commanding officer in regard to matters of the description referred to in that provision. [Army Act, 1950 (45 of 1950), s. 3 (v)]'Commanding officer', used in relation to a person subject to this Act, means an officer for the time being in command of a unit or any separate portion of the Force to which such person belongs or is attached. [Indo-Tibetan Border Polic...
Peremptory mandamus
Peremptory mandamus, a second mandamus, which issues where the return which has been made to the first writ is found either insufficient in law or false in fact. To this writ no other return will be admitted, but a certificate of perfect obedience and due execution. See MANDAMUS; and as to 'peremptory mandamus' in the first instance, to hold a municipal election, see (English) Municipal Corporations Act, 1882, s. 225 (8), repealed by the Local Government Act, 1933....
Commandant
A commander the commanding officer of a place or of a body of men as the commandant of a navy yard...
Command
Command, means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the Central Government may, by notification in the Official Gazette, declare to be a Command for all or any of the purposes of this Act. [Cantonments Act, 1924 (2 of 1924), s. 2 (viii)]In legal positivism, the sovereign express desire that a person act or refain from acting a certain way, combined with the threat of punishment for failure to comply, Black Law Dictionary, 7th Edn....
Commander
Commander, in relation to an aircraft means the member of the flight crew designated as commander by the operator (i.e. the person having the management of the aircraft) or, failing such a person, the person who is for the time being the pilot in command, Air Navigation Order 1989, SI 1989/2004, Art. 106(1) (UK) Halsbury's Laws of England, Vol. 2, para 1213, p. 591....
Commanding
Exercising authority actually in command as a commanding officer...
Commandant
Commandant, when used in any provision of this Act with reference to any unit of the Force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions of a Commandant in regard to matters of the description referred to in that provision. [Border Security Force Act, 1968 (47 of 1968), s. 2 (1) (f)]1. The authoritative order of judge or magisterial officer. 2. The offence of inducing another to commit a crime, Black's Law Dictionary, 7th Edn....
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