Discretion - Law Dictionary Search Results
Home Dictionary Name: discretionDiscretion
Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...
Judicial discretion
Judicial discretion, signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will, the liberty of power of acting without other control than one's own judgment, Reliance Airport Develo-pers Pvt. Ltd. v. Airports Authority of India, (2006) 10 JT 424: (2006) 11 SCALE 208.Judicial discretion. Such matters in the course of a trial as are to be decided summarily by the judge, and cannot be questioned afterwards, are said to be within his discretion. Various matters incidental to the conduct of a cause before trial are also by statute left in the discretion of the Court, or a judge at chambers. Discretion is thus defined by Coke, in Rooke's case, 40 Eliz.: 'Discretion is a science of understanding, to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one said, ta...
Discretion literally
Discretion literally, means and denotes an uncont-rolled power of 'disposal' yet in law, the meaning given to this word appears to be a power decide within the limits allowed by positive rules of law as to the punishments, remedies or costs. This would mean that even if a person has a discretion to do something the said discretion has to be exercised within the limit allowed by positive rule of law, Reliance Airport Developers Pvt. Ltd. v. Airports Authority of India, 2006 (10) JT 424....
discretion
discretion : power of free decision or latitude of choice within certain bounds imposed by law [reached the age of ] [struck down death penalty provisions administered through unbridled jury "L. H. Tribe"]: as a : the power of a judge to use his or her own judgment in making decisions guided by what is fair and equitable and by principles of law see also abuse of discretion b : the power of a public official or employee to act and make decisions based on his or her own judgment or conscience within the bounds of reason and the law ...
judicial discretion
judicial discretion : discretion ...
Discretional
Left to discretion unrestrained except by discretion or judgment as an ambassador with discretionary powers...
Discretionally
At discretion according to ones discretion or judgment...
abuse of discretion
abuse of discretion :an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous ...
Discretively
In a discretive manner...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
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