Disciplinary Rule - Law Dictionary Search Results
Home Dictionary Name: disciplinary rule Page 1 of about 11 results (0.004 seconds)disciplinary rule
disciplinary rule : a rule that is set out in the ABA Model Code of Professional Responsibility and whose violation may result in disciplinary action against the violating lawyer compare ethical consideration ...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
DR
DR disciplinary rule ...
ethical consideration
ethical consideration : a recommendation made in the ABA Model Code of Professional Responsibility of what would or would not be ethical behavior by a lawyer under specified circumstances compare disciplinary rule ...
commingling
commingling Act of fiduciary in mingling funds of his beneficiary, client, employer, or ward with his own funds. Such act is generally considered to be a breach of his fiduciary relationship. May be applied to lawyer who mixes client's funds with his own and as a result is subject to disciplinary action under the Rules of Professional Conduct. Source: FindLaw ...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Chancellors of the Universities of Oxford and Cambridge
Chancellors of the Universities of Oxford and Cambridge, the titular heads of those bodies, the office being honorary.The Chancellor of the University of Oxford, by virtue of certain ancient charters confirmed by statute, enjoys the sole jurisdiction (in exclusion of the King Courts) when a scholar or privileged person is the defendant, over all civil actions and suits whatsoever, excepting where a right of freehold is concerned, and of all injuries and trespasses against the peace, mayhem and felony excepted, Brown v. Renouard, (1810) 12 East 12; Thornton v. Ford, (1812) 15 East 634; Ginnett v. Whittingham, (1886) 16 QBD 761; and these he is at liberty to try and determine, either according to the Common Law of the land, or according to the University Statutes and customs, at his discretion. The judge of the Chancellor's Court at Oxford is the Vice-Chancellor, or his deputy. By 5 & 26 Vict. c. 26, amending 17 & 18 Vict. c. 81, s. 45, the Court of the Vice-Chancellor of Oxford is now g...
Consider
Consider, The word 'consider' merely connotes that there should be active application of the mind by the disciplinary authority after considering the entire circumstances of the case in order to decide the nature and extent of the penalty to be imposed on the delinquent employee on his conviction on a criminal charge. This matter can be objectively determined only if the delinquent employee is heard and is given a chance to satisfy the authority regarding the final orders that may be passed by the said authority. In other words, the term 'consider' postulates consideration of all the aspects, the pros and cons of the matter after hearing the aggrieved person, Divisional Personnel Officer v. T.R. Challappan, (1976) 3 SCC 190: AIR 1975 SC 2216 (2224): (1976) 1 SCR 783. [Railway Servants (D&A) Rules, 1968, R. 14(1)]...
Control vest
Control vest, when the words 'control' and 'vests' are read together they are strong terms which convey an absolute control in the authority in order to effectuate the policy underlying the rules and makes the authority concerned the sole custodian of the control of the servants and officers of the Municipal Corporation. The term 'control' is of a very wide connotation and amplitude and includes a large variety of powers which are incidental or consequential to achieve the powers vested in the authority concerned. Suspension from service pending a disciplinary inquiry has clearly been held to fall within the ambit of the word 'control', Corporation of the city of Nagpur v. Ramchandra, (1981) 2 SCC 714: AIR 1981 SC 626. [City of Nagpur Corporation Act, (2 of 1950), s. 59(3)(b)]...
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