During The Pleasure - Law Dictionary Search Results
Home Dictionary Name: during the pleasureDuring the pleasure
During the pleasure, the rule that a civil servant holds office at the pleasure of the Crown has its original in the Latin phrase 'durante bene placito' ('during pleasure') meaning that'the tenure of office of a civil servant, except where it is otherwise provide by statute, can be terminated at any time without cause assigned. The True scope and effect of this expression is that even if a special contract has been made with the civil servants the Crown is not bound thereby. In other words, civil servants are liable to dismissal without notice and there is no right of action for wrongful dismissal, that is , that they cannot claim damages for premature termination of their services, State of Bihar v. Abdul Majid, AIR 1954 SC 245 (250): 1954 SCR 786. [Constitution of India, Art. 310(1)]See also Pratap Singh v. State of Punjab, AIR 1964 SC 72....
Pleasure of the President
Pleasure of the President, the tenure of office of an employee of the Union or the State is only during the pleasure of the President and/or Governor; and accordingly except as provided in the Constitution there can be no justiciable cause available to a Government employee for getting relief in a Court of law, K.P. Shankerlingam v. Union of India, AIR 1960 Bom 431....
Pleasure of Crown
Pleasure of Crown, the rule that a civil servant holds office at the pleasure of the Crown has its original in the Latin phrase 'durante bene placito' ('during pleasure') meaning that the tenure of office of a civil servant, except where it is otherwise provided by statute, can be terminated at any time without cause assigned, State of Bihar v. Abdul Majid, AIR 1954 SC 245 (250). [Government of India Act, 1935, s. 240 (1)]...
Quamdiu se bene gesserit
Quamdiu se bene gesserit (as long as he shall behave himself well), a clause frequent in letters-patent or grants of certain offices, as that of judge or recorder, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them-the opposite clause being durante bene placito (during the pleasure of the grantor), as that of town clerk, which office is held during the pleasure of the town council....
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Governor
Governor. In Dominions and Colonies usually the name of the representative of the King and the head of the local executive with powers limited by his commission, Cameron v. Kyte, (1835) 3 Knapp 332. In the Dominions of Canada, the Irish Free State and Union of South Africa, called the 'Governor-General'; in New Zealand and Newfoundland, the 'Governor.' In India the head of the Executive of the Indian Federation, who may also be His Majesty's representative [Government of India Act, 1936 (25 & 26 Geo. 5, c. 42)]. In Northern Ireland, the 'Governor.' Interpretation Act, 1889, ss. 18 and 42, provides that in all Acts passed after that year the word 'Governor' when used with reference to Canada shall mean the Governor-General or the person having his powers for the time being, and with reference to any other British possession shall include the officer for the time being administering the government thereof.Governor, includes an officer for the time being in charge of the prison, subject t...
Town Clerk
Town Clerk, a fit person (usually, but not necessarily, a solicitor) from time to time appointed by the council of a municipal borough to manage their legal business. He may not be a councillor, and holds office during the pleasure of the council. In case of his illness or absence, the council may appoint a deputy, (English) Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 17 (repealed, except as to London); see (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 106, 115, 122, 279 (2)....
Will, Estate at
Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than t...
Pleasurable
Capable of affording pleasure or satisfaction gratifying abounding in pleasantness or pleasantry...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial