Enumerated Powers - Law Dictionary Search Results
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power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Metropolitan District
Metropolitan District. Places subject to the jurisdiction of the Metropolitan Board of Works (succeeded under the Local Government Act, 1888, by the London County Council), enumerated in Schedules A,B,C, to the Metropolis Management Act, 1855....
Regulate
Regulate, does not include 'prohibition', Asoke Chowdhury v. State of West Bengal, AIR 2007 Cal 176.Regulate, includes prohibition, K. Ramanathan v. State of Tamil Nadu, AIR 1985 SC 660.Regulate, is derived from the latin word 'rego and regula'. It is a word of broad import having a broad meaning and is very comprehensive in scope, Corpus Juris Secundum, Vol. 76, p. 610.Regulate, is variously defined as meaning to adjust; to adjust, order, or govern by rule, method, or established mode; to adjust or control by rule, method, or established mode, or governing principles or laws; to govern; to govern by rule; to govern by, or subject to, certain rules or restrictions, to govern or direct according to rule; to control, govern, or direct by rule or regulations, Corpus Juris Secundum, Vol. 76, p. 611.Means to control or to adjust by rule or to subject to governing principles, U.P. Co-op. Cane Unions Federations v. West U.P. Sugar Mills Assn., (2004) 5 SCC 430.Means to direct by rule or restr...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Concurrent list
Concurrent list, is also known as List III, Constitution of India, Art. 254(i).Is a list of subjects appended to a federal Constitution in respect of which the federal legislature and the State or the regional legislatures have power to make laws, federal law prevailing in case of conflicts, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 132.The object of a concurrent list of subjects over which the centre and the units have concurrent power is uniformity, Commentary on the Constitution of India, Durga Das Basu, Vol. 4, 5th Edn., p. 178.The question of repugnancy arises in case of subjects enumerated in concurrent list, Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648....
Westminster the First, Statute of
Westminster the First, Statute of (3 Edw. 1, AD 1275). This statute, which deserves the name of a Code rather than an Act, is divided into fifty-one chapters. Without extending the exemption of churchmen from civil jurisdiction, it protects the property of the Church from the violence and spoliation of the king and the nobles, and provides for freedom of popular elections, because sheriffs, coroners, and conservators of the peace were still chosen by the freeholders in the county Court, and attempts had been made to influence the election of knights of the shire, from the time when they were instituted. It contains a declaration to enforce the enactment of Magna Charta against excessive fines, which might operate as perpetual imprisonment; enumerates and corrects the abuses of tenures, particularly as to marriage of wards; regulates the levying of tolls, which were imposed arbitrarily by the barons, and by cities and boroughs; corrects and retrains the power of the king's escheator and...
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