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opinion

are issued esp. by administrative agencies and by some state courts. Federal courts are constrained by the U.S. Constitution to deciding only cases or controversies and cannot issue advisory opinions. concurring opinion : an opinion by a

hearing

the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides for presidential appointment of Supreme Court justices “by and with the advice and consent of the Senate.”

fact

relation to or immediate bearing on the case or matter in question compare material fact in this entry constitutional fact : a fact that relates to the determination of a constitutional issue (as violation of a constitutional

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Restriction

and Stewart-Wallace on the Land Registration Act, 1925. It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be sufficiently wide to save laws 'inconsistent' with Art. 19(1), or 'taking away

Part

(1471). [Delhi Municipal Corporation Act, 1957 (66 of 1957), s. 115 (4)(a), proviso] Means a Part of this Constitution. [Constitution of India, Art. 366(16)] Shall mean a Part of the Act or Regulation in which the word

Passed by such legislature

means passed with or without amendments in accordance with the normal procedure contemplated by Art. 107 of the Constitution of India, K.C. Gajapathi Narayan Deo v. State of Orissa, AIR 1953 SC 375. The expression 'passed by

Place of birth, domicile

Article 15 but not 'domicile'. If a comparison is made between Article 15(1) and Article 16(2) of the Constitution of India, it would appear that whereas the former refers to 'place of birth' alone, the latter refers

Proceeding

the meaning of the word 'proceeding' to include an application for special leave under Article 136 of the Constitution. The collocation of the words, 'suit, appeal or application for revision' in the Explanation to denote 'proceeding' would

Public Service Commission

is known as Civil Service Commission, in Australia it is called Public Service Board, A Commentary on the Constitution of India, 4th Edn., vol. 5, p. 117. In India, a Public Service Commission is appointed for the

Quasi Judicial Act

Quasi Judicial Act, a Quasi Judicial Act requires that a decision is to be given not arbitrarily or in the mere discretion of an authority, but according to the facts and circumstances of the case, as...

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