Competent Authority - Law Dictionary Search Results
Home Dictionary Name: competent authority Page: 3Charged
Charged, the word 'charged' does not, in the Notification No. 878-F, dt. 21st March, 1922, mean the mere statutory liability to pay tax but goes further and includes the actual charge or levy, Commissioner of Income Tax v. M.K. Kirtikar, AIR 1960 SC 186 (189).Charged, is the official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence, A.-G.s Ref. (No. 2 of 2001) (CA) (2001) 1 WLR 1869. [Human Rights Act, 1998, Art. 6(1)]Means brought before a court having jurisdiction to determine the matter, i.e. where examining justices commit an accused for trial, there is no charge until he is tried on indictment, R. v. Rider, [1954] 1 All ER 5....
probate
probate [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a : the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person ;broadly : the process of administering an estate b : the judicial determination that a will is valid 2 : the officially authenticated copy of a probated will 3 a : probate court b : matters that fall under the jurisdiction of a probate court vt pro·bat·ed pro·bat·ing 1 : to establish (a will) as valid through probate 2 a : to put (a convicted offender) on probation b : to replace (a sentence) with probation ...
license
license [Anglo-French, literally, permission, from Old French, from Latin licentia, from licent- licens, present participle of licēre to be permitted, be for sale] 1 a : a right or permission granted by a competent authority (as of a government or a business) to engage in some business or occupation, do some act, or engage in some transaction which would be unlawful without such right or permission ;also : a document, plate, or tag evidencing a license granted b : revocable authority or permission given solely to one having no possessory rights in a tract of land to do something on that land which would otherwise be unlawful or a trespass compare easement, lease c : a grant by the holder of a copyright or patent to another of any of the rights embodied in the copyright or patent short of an assignment of all rights 2 : a defense (as to trespass) that one's act was in accordance with a license granted 3 a : freedom that allows or is used with irresponsibility b : disregar...
Place of safety
Place of safety, means any place or institution (not being a police lock-up or jail), the person incharge of which is willing temporarily to receive and take care of the juvenile and which, in the opinion of the competent authority, may be a place of safety for the juvenile. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (q)]...
Learner's licence
Learner's licence, 'learner's licence' means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description light motor vehicle. [Motor Vehicles Act, 1988 (59 of 1988), s. 2(19)]...
Linkage
Linkage, is a clearance to the linked coal company for supplying coal to the unit, subject to 'availability', and in accordance with the directives, if any, from time to time, of the appropriate competent authority regulating 'disposal of stock of coal.'Linkage does not establish any right for the linked unit to claim coal from any particular coal company/coalfield/source/grade etc. [Coking Coal Mines (Nationalisation) Act, 1972, s. 2] [Coal Mines (Nationalisation) Act, 1973, s. 1A] [Industries (Development and Regulation) Act, 1951] (Essential Commodities, 1955]....
Mineral
Mineral, every substance which can be obtained from earth would not be a 'mineral', Ichachapur Industrial Co-operative Society Ltd. v. Competent Authority ONGC, (1997) 2 SCC 42 (50). [Mines Act, 1952, s. 2(j)]...
Mutawalli
Mutawalli, 'Mutawallis' of a wakf are more like receivers appointed over the property than trustees and they have no errate or interest in it, Mahendra Narayan v. Abdul Gafur, 59 Cal 586.Mutawalli, A 'mutawalli' is more like a manager than a trustee and so far as the wakf property is concerned, has to see that the beneficiaries get the advantage of usufruct, Bibi Siddique Fatima v. Saiyed Mohammad Mahmood Hasan, AIR 1978 SC 1362 (1369): (1978) 3 SCC 299: (1978) 3 SCR 886.Means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf ...
Reasonable opportunity of showing cause
Reasonable opportunity of showing cause, reasonable opportunity to show cause in Article 311(2) of the Constitution contemplates not merely opportunity to do so at enquiry stage but also when competent authority as result of enquiry, proposes to inflict one of three punishments mentioned in article on delinquent servant, Khem Chand v. Union of India, AIR 1958 SC 300: (1958) SCR 1080....
Probate
Probate, means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. [Indian Succession Act, 1925 (39 of 1925), s. 2 (f)]Official proof of a will. This is obtained by the executor in all Probate Division of the High Court of Justice, and is either in common form, where the will is undisputed and quite regular, or per testes, is solemn form of law, where it is disputed or irregular. When the will is proved, the original is deposited in the registry of the Court, a copy being delivered to the executor with a certificate of its having been made out under seal of the court, all which together is usually styled the probate, consult Tristram and Coote, Prob. Pr., 17th Edn....
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