Doctrine Severability - Law Dictionary Search Results
Home Dictionary Name: doctrine severabilityDoctrine severability
Doctrine severability, the main test to determine severability are (i) whether the part pronounced valid can stand along and be enforceable, (ii) whether the effect is to substitute for the law intended by the legislature one they may never have been willing, Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 1, p. 220.The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)...
Doctrine
Doctrine, is a rule of interpretation, it means that where some particular provision of statute offends against a constitutional limitation, but that provision is severable from the rest of the Statute, only that offending provision will be declared void by the court and not the entire statute, R.M.D.C. v. Union of India, AIR 1957 SC 628...
D'Oench doctrine
D'Oench doctrine [from D'Oench, Duhme & Co., Inc. v. Federal Deposit Insurance Company, 315 U.S. 447 (1942), the Supreme Court case establishing the doctrine] : a doctrine in banking law: a party (as a borrower or guarantor) cannot assert an unrecorded agreement with a failed bank against attempts by the federal insurer (as the Federal Deposit Insurance Corporation) or its assigns to collect on a promissory note (as a loan) called also D'Oench Duhme doctrine ...
exculpatory no doctrine
exculpatory no doctrine : a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question NOTE: This doctrine is based on the Fifth Amendment protection against self-incrimination, and is often used as a defense to a charge of knowingly making a false statement. The doctrine is recognized in most federal Courts of Appeals. ...
family purpose doctrine
family purpose doctrine : a doctrine in tort law: the owner of a car is vicariously liable for damages incurred by a family member while using the car with the owner's permission called also family car doctrine NOTE: This doctrine is recognized only in some jurisdictions and has been rejected in most. ...
Spielberg Doctrine
Spielberg Doctrine [after the Spielberg Manufacturing Company, subject of an unfair labor practice complaint that prompted the formation of the doctrine] : a doctrine in labor law: the National Labor Relations Board will defer to an arbitrator's decision regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required binding arbitration compare collyer doctrine ...
Collyer Doctrine
Collyer Doctrine [from Collyer Insulated Wire, 192 N.L.R.B. 837 (1971), the ruling that resulted in it] : a doctrine in labor law under which the National Labor Relations Board will defer an issue brought before it to arbitration if the issue can be resolved under the collective bargaining agreement in arbitration compare spielberg doctrine ...
Erie doctrine
Erie doctrine [from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no federal law is relevant must apply the law of the state in which it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section ...
Feres doctrine
Feres doctrine [from Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine] : a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal Tort Claims Act for injuries sustained in the course of activity incident to his or her military service called also Feres rule ...
Noerr-Pennington doctrine
Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...
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