Constitutional Law - Law Dictionary Search Results
Home Dictionary Name: constitutional law Page: 3Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
Law in force and existing law
Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
unconstitutional conditions doctrine
unconstitutional conditions doctrine : a doctrine in constitutional law that bars a government from imposing a condition on the grant of a benefit requiring the waiver of a constitutional right ...
Laws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
Legislature
Legislature, is the body of persons in a State authorised to make, alter and repeal laws. It may consist of one or two Houses with similar or different powers, Office of the Speaker in the Parliaments of Commonwealth Wilding and Philip Laundry, p. 429.Union legislature is known as Parliament which consists of the two houses and President, Constitution of India, Art. 79.State legislature consists of one or two Houses and Governor, Constitution of India, Art. 168.Legislature, the power that makes laws. See PARLIAMENT.The word 'legislature' in the first part of Art. 252(1) of Constitution, in the context in which it appears, cannot mean the three component parts of the State legislature contemplated by Art. 168, but only the House or Houses of Legislature, as the case may be, i.e., excluding the Governor. There is a clear distinction between 'an Act of legislature','a legislature act' and a 'a resolution of the House', Union of India v. Valluri Basavaiah Chowdhary, AIR 1979 SC 1415: (1979...
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Equality before law and equal protection of laws
Equality before law and equal protection of laws, Article 14 of the Constitution enjoins upon the State not to deny to any person 'Equality before law' or the 'equal protection of laws' within the territory of India, the two expressions do not mean the same thing even if there may be much in common. The word 'law in the former expression is used in a generic sense, a philosophical sense- whereas the word 'laws' in the latter expression denotes specific laws in force, Srinivaso Theatre v. Govt. of Tamil Nadu, AIR 1992 SC 999 (1004): (1992) 2 SCC 643. (Constitution of India, Art. 14)...
Due course of law
Due course of law, Due course of law in each par-ticular case means such an exercise of the powers by duly constituted tribunal or court in accordance with the procedure established by law under such safeguards for the protection of individual rights. A course of legal proceedings according to the rules and principles which have been established in our system of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must thus be a tribunal competent by its constitution, that is by law of its creation, to pass upon the subject matter of the suit or proceeding; and, if that involves merely a determination of the personal liability of the defendant, it must be brought within its jurisdiction by service of process within the State, or his voluntary appearance. Due course of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty or property i...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
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