Competent Authority - Law Dictionary Search Results
Home Dictionary Name: competent authority Page: 4 Page 4 of about 66 results (0.004 seconds)Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of thei...
Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Trustee
Trustee, is the legal owner of the property the actual owner thereof having lost title thereto by the creation of a trust. The equitable ownership in the trust property vests in the beneficiaries. The trust is thus an incidence of dual ownership in which the creator of the trust no longer figures, Baba Badri Dass v. Dharma, AIR 1982 P&H 255.Means one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary, Black's Law Dictionary, 7th Edn., p. 1519.Trustee, one entrusted with property for the benefit of another, called beneficiary, or cestui que trust. See also PUBLIC TRUSTEE; BREACH OF TRUST.Consult Lewin or Godefroi on Trusts.'Trustee' means any person, by whatever desig-nation known, appointed to administer a religious trust either verbally or by or under any deed or instrument or in accordance with the usage of such trust or by the District Judge or any other competent authority, and includes any person appointe...
Waiting list
Waiting list, a waiting list prepared in service matters by the competent authority is a list of eligible and qualified candidates who in order of merit are placed below the last selected candidate. How it should operate and what is its nature may be governed by the rules, Gujarat State Dy. Executive Engineers' Assn. v. State of Gujarat, (1994) Supp 2 SCC 591....
Laws in force
Laws in force, Article 313 refers to laws in force which means statutory laws, Union of India v. Majji Jangammayya AIR 1977 SC 757 (767): (1977) 2 SCR 28: (1977) 1 SCC 606. [Constition of India, Art. 313]--the definition of the phrase 'laws in force' is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at all, Sant Ram v. Labh Singh, (1964) 7 SCR 756: AIR 1965 SC 314 (316)....
Driving licence
Driving licence, means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description. [The Motor Vehicles Act, 1988, s. 2 (10)]A person would be regarded as being duly licenced only if he has obtained a licence under Chapter II of the Motor Vehicles Act and a person who has obtained a temporary licence which enables him to learn driving cannot be regarded as having been duly licenced, New India Assurance Co. Ltd. v. Mandar Madhan Tambe, (1996) 2 SCC 328. [Motor Vehicles Act, 1939 (4 of 1939), s. 2(5A)]...
Instrument of transfer
Instrument of transfer, 'instrument of transfer' means the instrument of transfer registered under the Registration Act, 1908 (16 of 1908), or, as the case may be, the statement registered under s. 269 AB with the competent authority. [Income-tax Act, 1961, s. 269A (f)]...
Certificate of registration
Certificate of registration, means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (4)]...
Ignorance of law is no excuse
Ignorance of law is no excuse, The maxim 'ignor-ance of law is no excuse' cannot be carried to the extent of saying that every person must be presumed to know that a piece of legislation enacted by a legislature if competent jurisdiction must be held to be invalid, in case it prescribes a differential treatment, and he must therefore, refuse to submit to it or incur the peril of the bar of waiver being raised against him, Basheshar Nath v. CIT, AIR 1959 SC 149 (172)....
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