Concurrent List - Law Dictionary Search Results
Home Dictionary Name: concurrent listConcurrent list
Concurrent list, is also known as List III, Constitution of India, Art. 254(i).Is a list of subjects appended to a federal Constitution in respect of which the federal legislature and the State or the regional legislatures have power to make laws, federal law prevailing in case of conflicts, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 132.The object of a concurrent list of subjects over which the centre and the units have concurrent power is uniformity, Commentary on the Constitution of India, Durga Das Basu, Vol. 4, 5th Edn., p. 178.The question of repugnancy arises in case of subjects enumerated in concurrent list, Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648....
Legislative relations
Legislative relations, is the relations relating to lawmaking power, Parliament to make laws on the subjects mentioned in Union List and State Legislatures on those mentioned in State Lists, Constitution of India, Art. 246(1) & (2).The Parliament can legislate on matters in concurrent list, Constitution of India, Art. 246(2).In case of conflicts the union law prevails, Prafulla Kumar v. Bank of Commerce, AIR 1947 PC 60....
Jammu and Kashmir
Jammu and Kashmir, is a State in India, its territory is the same which comprised the territory of the Indian State of Jammu and Kashmir before the commencement of the Constitution. The State acceded to the Dominion of India on 26 October, 1947 after executing an instrument of accession, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14.Enjoys a special status in the Indian Union with regard to the operation of the Constitution. The position of the State offer from other States. The legislative authority of the Union Parliament in respect of this State is limited to those matters in the Union lists and the Concurrent lists, which are declared by the President in consultation with the State Government, the conform to the terms of the instrument of Accession. Only such of other provisions of the Constitution will apply to this State as the President may by order specify. (Constitution of India, Art. 370)...
Repugnancy
Repugnancy, between the two pieces of legislation, means that conflicting results are produced when both laws are applied to the same set of facts. Repugnancy arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and that it is impossible to obey without disobeying the other. Repugnancy would arise when conflicting results are produced when both the statutes covering the same field are applied to a given set of facts, Vijay Kumar Sharma v. State of Karnataka, (1990) 2 SCC 562 (602): AIR 1990 SC 2072. See also AIR 1959 SC 648 (665). [Constitution of India, Art. 254]Repugnancy, denotes the contradictory of each other, said of clauses, Will, etc., A Dictionary of Law, Willium C. Anderson, 1889, p. 885.Repugnancy, in India, if a State law is repugnant to the Union law relating to the same subject in the concurrent list, the Union law will prevail and the State law will fail to the extent of repugnancy; however, if the State law has been assented to...
concurrent
concurrent 1 : occurring, arising, or operating at the same time often in relationship, conjunction, association, or cooperation [the power of taxation in the general and state governments is acknowledged to be "McCulloch v. Maryland, 17 U.S. 316 (1819)"] [a tortious act] see also concurrent cause at cause concurrent sentence at sentence 2 : insuring the same property to the same extent under identical terms [ fire policies] 3 : exercised over the same matter or area by two different authorities see also concurrent jurisdiction at jurisdiction concurrent power at power con·cur·rent·ly adv ...
Concurrent
Concurrent, acting in conjunction; agreeing in the same act; contributing to the same event; contemporaneous. As to concurrent writs of summons, which are used for service abroad, etc., and of which a plaintiff can have on payment as many as he pleases, see R.S.C., 1883, Ord. VI. Concurrent sentences, if newly passed, can always be given, but a sentence cannot be given to a prisoner convicted whilst out on ticket of leave to run concurrently with his unexpired sentence; per Hawkins, J., in R. v. King, (1897) 1 QB 218....
listing
listing 1 : an arrangement, agreement, or contract for the marketing of real property through one or more real estate agents usually for a specific period called also listing agreement exclusive agency listing : a listing under which only one agent may sell the property but without the right to a commission if the owner sells it directly NOTE: An agent is usually still entitled to a commission if the owner sells directly to a buyer who was introduced into the process by the agent, even if the sale occurs after the agreement expires. exclusive right to sell listing : a listing under which only one agent may sell the property and is entitled to a commission if the owner sells it directly to any party multiple listing : an agreement or arrangement under which real property is marketed through a service or association composed of several agents with a commission from the sale of a property shared between the selling agent and the agent that initiates the listing of it net listing ...
Black list
Black list. The term given to any list of persons with whom the person or body compiling the list advises that no one should have dealings of the character indicated. Thus the list of defaulters on the Stock Exchange is so named, and various societies and individuals also publish lists with a similar purpose. By s. 6 of the Licensing Act, 1902 (2 Edw. 7, c. 28), there is power to put an 'habitual drunkard,' if he consents [Commissioner of Metropolitan Police v. Donovan, (1903) 1 KB 895], on a list kept by the police, and this renders him liable to a penalty on summary conviction for obtaining intoxicating liquor within three years, and the licensee or other person supplying him is also liable. See DRUNKENNESS.The publication of a black list may constitute a libel if it conveys a defamatory and untrue meaning. 'Black lists are real instruments of coercion, as every man whose name is on one soon discovers to his cost, Quim v. Leathem, 1901 AC 538; see also Ware & De Freville, Ltd. v. Mot...
Civil list
Civil list, an annual sum granted by Parliament at the commencement of each reign, for the expenses of the royal household and establishment, as distinguished from the general exigencies of the state; it is the provision made for the Crown out of the taxes, in lieu of its proper patrimony, and in consideration of the assignment of that patrimony to the public use. This arrangement has prevailed from the time of the Revolution downwards, though the amount fixed for the civil list has been subject in different reigns to considerable variation. At the commencement of her reign a civil list was settled by the (English) Civil List Act, 1837 (1 Vict. c. 2), upon her late Majesty Queen Victoria for life, to the amount of 3,85,000l. was assigned for her Majesty's privy purse; in return for which grant it was provided that the hereditary revenues of the Crown (with the exception of the hereditary duties of excise on beer, ale, and cider, which were to be discontinued during the reign, and as to...
Valuation list
Valuation list. By the (English) Rating and Valuation Act, 1925, in England outside the county of London, a list of all the rateable hereditaments in a rating area (and not in a parish) is to be prepared by the rating authority, i.e., the council of every county, borough, or urban and rural district to whom all powers of the overseers of the poor in regard to the levying and collection of rates were transferred by s. 1 of the (English) R. and V. Act, 1925, for the purposes of a general rate. A draft list is drawn up after requiring returns from the owner, occupier or lessee of every hereditament in the area. The draft list is revised by the assessment committee appointed by the rating authority for the area and is then transmitted to the rating authority, by whom it is deposited for public inspection at the office of the authority. Appeals may be made within twenty-five days from the date of deposit, and the lists are quinquennial and conclusive evidence of the value of the hereditamen...
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