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Delegable - Law Dictionary Search Results

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Delegates, the High Court of

Delegates, the High Court of, formerly the Court of appeal from the Ecclesiastical and Admiralty Court. abolished, upon the Judicial Committee of the Privy Council being constituted the Court of appeal in such cases, in 1832, by 2 & 3 Wm. 4, c. 92....


power

power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...


Delegatus non potest delegare

Delegatus non potest delegare. (A delegate cannot delegate.)The person to whom an office or a duty is delegated cannot lawfully devolve the duty upon another, unless he be expressly authorized so to do, See Huth v. Clarke, (1890) 25 QBD 391. It is a cardinal rule in the law of trusts that a trustee cannot delegate his office or discretions for the exercise of which he was appointed trustee as distinguished from acts and discretions done or exercised in an executive or ministerial capacity for him where delegation was justified or necessary, see Speight v. Gaunt, (1883) 9 AC 1; wide powers of delegation have been conferred on trustees by the (English) Trustee Act, 1925, s. 23, and (English) Law of Property Act, 1925, s. 29; Administration of Estates Act, 1925, s. 39, and see the (English) Execution of Trusts (War Facilities) Acts, 1914 and 1915, and TRUSTEES....


Vicarius non habet vicarium

Vicarius non habet vicarium, a delegate cannot have a delegate. (See Maxim 187).(A delegate cannot have a delegate.) see DEPUTY....


Henry VIII Clause

Henry VIII Clause, is a provision occasionally found in legislation conferring delegated legislative power, giving the delegate the power to amend the delegating Act in order to bring that Act into full operation or otherwise by Order to remove any difficulty, and at times giving power to modify the provisions of other Acts also, Central Inland Water Transport Corporation Ltd. v. Brojo Nath, AIR 1986 SC 1571 (1614): (1986) 3 SCC 156....


Judicial and administrative functions

Judicial and administrative functions, The functions discharged by a High Court can be divided broadly into judical and administrative functions. The judicial functions are to be discharged essentially by the Judges as per the rules of the Court and cannot be delegated. However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively or in a group of two or more, and may be delegated or entrusted by authorization to subordinates unless there be some rule of law restraining such delegation or authorisation, Jamal Uddin Ahmed v. Abu Saleh Najmuddin, (2003) 4 SCC 257: AIR 2003 SC 1917...


Sedition

Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...


Intoxicating liquor

Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...


Rule making clause

Rule making clause, in Indian Parliament, all Bills involving delegation of powers contain a rule-making clause which inter alia provides in the Act that every rule made under the rule-making clause shall be laid before each House of Parliament for its scrutiny and that each House has the power to suggest modification or annulment of a rule, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.The clause in a Bill which delegates the power to the executive to make rules and regulations for administering the various provisions contained in the same, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576...


Review, Commission of

Review, Commission of, a commission which was sometimes granted in extra ordinary cases, to revise the sentence of the Court of Delegates, when it was apprehended they had been led into a material error. The Court of Delegates is abolished....



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