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Competence - Law Dictionary Search Results

Home Dictionary Name: competence

Competent authority

Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...


Court of competent jurisdiction

Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...


competence

competence : the quality or state of being competent: as a : possession of sufficient knowledge or skill b : legal authority, ability, or admissibility [a court of general ] [the of witnesses] [challenge the of the evidence] ...


competency

competency 1 : the quality or state of being mentally competent compare capacity, incompetence, insanity 2 : the quality or state of being legally qualified or adequate [the , quantum and legal effect of evidence "State v. Scoggin, 72 S.E.2d 54 (1952)"] ...


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)...


Competent person

Competent person, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests examinations and inspections required to be done in a factory under the provisions of this Act having regard to-(i) the qualifications and experience of the person and facilities available at his disposal; or(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory. [Factories Act, 1948 (63 of 1948), s. 2 (ca)]...


competent

competent 1 : having or showing requisite or adequate ability or qualities [a lawyer] [ representation by counsel] 2 a : free from addiction or mental defect that renders one incapable of taking care of oneself or one's property b : capable of understanding one's position as a criminal defendant and the nature of the criminal proceedings and able to participate in one's defense compare capacity, incompetent, insanity 3 : legally qualified or adequate: as a : having the necessary power or authority [a judge of jurisdiction "U.S. Code"] b : qualified for presentation in court : admissible as evidence or capable of giving admissible evidence [a witness] c : intelligent [a waiver] ...


competent evidence

competent evidence see evidence ...


covenant not to compete

covenant not to compete : a covenant in an agreement (as for the sale of a business) by which one party agrees not to engage in the same business or a similar business in a particular area for a period of time ...


Compete

To contend emulously to seek or strive for the same thing position or reward for which another is striving to contend in rivalry as for a prize or in business as tradesmen compete with one another...


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