Executive Function - Law Dictionary Search Results
Home Dictionary Name: executive functionExecutive function
Executive function, it may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The executive function comprises both the determination of the policy as well as carrying it into execution. This evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State, Ram Janaya Kapur v. State of Punjab, AIR 1955 SC 549 (555, 556): (1955) 2 SCC 225....
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
executive
executive 1 : of or relating to the execution or carrying out of laws [serving a warrant is an function] ;esp : belonging to the branch of government that is charged with such powers as diplomatic representation, overseeing the execution of laws, and appointment of officials see also administrative Article II of the Constitution in the back matter compare judicial, legislative 2 a : of or relating to execution b : having administrative or managerial responsibility [an director] 3 : of, relating to, or issued by an executive [an pardon] n 1 a : the executive branch of a government compare judiciary, legislature b : the person or persons making up that branch see also governor, mayor, president 2 : a person who exercises administrative or managerial control ...
Parole
Parole is not a suspension of sentence, but is a substitution, during continuance of parole, of lower grade of punishment by confinement in legal custody and under control of warden within specified prison bounds outside the prison, for confinement within the prison adjudged by the court, Jenkins v. Madigan CA Ind, 211 F 2d 904.A parole relates to executive action taken after the door has been closed on a convict. During parole period there is no suspension of sentence but sentence is actually continuing to run during that period also, State of Haryana v. Nauratta Singh, AIR 2000 SC 1179 (1182): (2002) 3 SCC 514. (Criminal PC, 1973, ss. 432, 433A, 389, 482)The promise made by a prisoner of war, when he has leave to go anywhere, to return at a time appointed, or not to take up arms till exchanged.Release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. It is also an act of grace and not a ma...
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Suspend
Suspend, is to debar, usually for a time, from the exercise of a function, to interdict, to stay. It means temporarily staying the execution of the order or of a function, Sajja v. Habib Rather, (1979) Cal LR (J&K) 28.Suspend, to forbid an attorney or solicitor or ecclesiastical person from practising for an interval of time.1. To interrupt; postpone; defer 2. To temporarily keep a person from performing a function, occupying an office, holding a job or exercising a right or privilege, Black's Law Dictionary, 7th Edn., p. 1460....
commission
commission 1 : a formal written authorization to perform various acts and duties [a notary's ] 2 a : authority to act for, in behalf of, or in place of another b : a task or matter entrusted to one as the agent for another 3 a : a group of persons directed to perform a duty b usu cap : a government agency [Federal Trade Commission] see also agency c : a city council having legislative and executive functions 4 : an act of committing something [ of the crime] 5 : a fee paid to an agent or employee for transacting a piece of business or performing a service ;esp : a percentage of the money received paid to the agent responsible for the business commission vt ...
Serjeant
Serjeant [fr. serviens, Lat.], used in several senses:-A feudal tenure by knight service due only to king, Black's Law Dictionary, 7th Edn.(1) Serjeants-at-law, or of the coif (servientes ad legem), otherwise called serjeants counter, the highest degree in the Common Law, as doctors in the Civil Law; but, according to Spelman, a doctor of law is superior to a serjeant, for the very name of a doctor is magisterial, but that of a serjeant is only ministerial. Serjeants-at-law were made by the sovereign's writ, addressed unto such as are called, commanding them to take upon them that degree by a certain day, Fortescue, c. 50; 3 Cro. 1; Dyer, 72; 2 Inst. 213.The monopoly of exclusive audience enjoyed by the serjeants in the Court of Common Pleas, during term time, ineffectually attempted to be abolished by Royal Warrant in 1834 [see In the Matter of the Serjeants-at-law, (1840) 6 Bing NC 235], was abolished in 1846 by 9 & 10 Vict. c. 54.The judges of the Common Law Courts were formerly req...
Cabinet
Cabinet, is an inner body within the Council of Ministers which is responsible for formulating the policy of the Government. The Council of Ministers is collectively responsible to Lok Sabha. It is headed by the Prime Minister who determines which of the Ministers should be members of the cabinet. Only cabinet ministers have a right to attend its meetings. Minister of State attend its meetings only on a special invitation. The total number of ministers, including the Prime Minister, in the council of ministers should not exceed fifteen per cent of the total number of members of the House of the People, Practice and Procedure of Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., p. 133 [Arts. 75 and 75A, Constitution of India]In many commonwealth countries, cabinet is modelled on British pattern. In Canada, composition of cabinet is influenced by regional considerations. Australia follows the British practice of including only selected ministers in the cabinet, Practice and Procedure of P...
- << Prev.
- Next >>