Enquiry - Law Dictionary Search Results
Home Dictionary Name: enquiryEnquiry
Enquiry. implies to investigate the matter from various sources in order to find the truth and the person being affected by such an enquiry. On the basis of fair play, definitely required to be heard, especially when it is that person's conduct and efficiency and other capabilities. Which were the subject-matter of the enquiry, K.C. Malhotra v. Chancellor, H.P. University, Shimla, AIR 1995 HP 156.See also INQUIRY....
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
Naturale est quidibet dissolvi Enquiry Officer modo quo ligatur
Naturale est quidibet dissolvi Enquiry Officer modo quo ligatur. Jenk. Cent. 66, (It is natural for a thing to be unbound in the same way in which it was bound)....
Nihil tam conveniens est naturali eaquitati quam unumquodque dissolvi enquiry officer ligamine quo ligatum est
Nihil tam conveniens est naturali eaquitati quam unumquodque dissolvi enquiry officer ligamine quo ligatum est. 2 Inst. 359, (Nothing is so consonant to natural equity as that a thing should be dissolved by the same means by which it was bound.) see Broom's Leg. Max., referring especially to Ashford v. Thornton, (1819) 1 B& Ald 405, the absured law of which (see BATTEL) had to be abolished by statute, 59 Geo. 3, c. 56....
Plures participes sunt quasi unum corpus, in Enquiry Officer quod unum jus habent
Plures participes sunt quasi unum corpus, in Enquiry Officer quod unum jus habent. Co. Litt. 164, (Several parceners are as one body, in that they have one right.)...
Quo ligatur, Enquiry Officer dissolvitur
Quo ligatur, Enquiry Officer dissolvitur. 2 Rol. Rep. 21, (By the same mode by which a thing is bound, by that is it released.) Similarly, Quo modo quid constituitur, eodem modo dissolvitur. Jenk. Cent. 74, (In the same manner by which anything is constituted, by that it is dissolved.) See REVOCATION; DEED....
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Materials on record
Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...
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