Express Authority - Law Dictionary Search Results
Home Dictionary Name: express authority Page: 4Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Permit
Permit, a licence. An instrument granted by the officers of excise, certifying that the excise duties on certain goods have been paid, and permitting their removal from some specified place to another.Means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (31)]The word 'permit' is to be understood indicative of a formal consent, grant or authorization or to giving of express licence, Ram Singh Pritam Singh v. Chief Commissioner, AIR 1968 P&H 470.Means giving a passing consent or just, not hindering permit has been used in certain contexts as meaning 'to resign' 'to suffer' and not to prohibit etc., Ram Singh Pritam Singh v. Chief Commissioner, Union Territory, Chandigarh, AIR 1968 Punj 470.Means one or two things: either to give leave for an act which without that leave could not be legally done, or to abstain fro...
Cause of a like nature
Cause of a like nature, the expression. 'Cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction'. So construed the expression 'other cause of a like nature' must be so interpreted as to convey something analogous to the preceding words 'from defect of jurisdiction', Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (47). [Limitation Act (36 of 1963), s. 14]...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Judicial authority
Judicial authority, by using the expression 'judicial authority' it was clearly indicated that the appell-ate authority must be one such pre-existing authority which was exercising judicial power of the State. If any other authority as persona designat was to be constituted there was no purpose in qualifying the word 'authority' by the specific adjective 'judicial', Thakur Das v. State of Madhya Pradesh, AIR 1978 SC 1 (4): (1978) 1 SCC 27: (1978) 1 SCR 732.Is defined as it is not necessary that it should be a court in the sense in which this court is a court; it is enough if it is exercising, after hearing evidence, judicial functions in the sense that it has to decide on evidence between a proposal and an opposition and it is not necessary to be strictly a court, R. v. London County Council, (1931) 2 KB 215: 100 LJKB 760: 144 LT 464 (CA)...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Actual authority
Actual authority, means the authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has as a result of the agent's dealings with the principal. Actual authority can be either express or implied, Black Law Dictionary, 7th Edn., p. 27....
Freedom of press
Freedom of press, means right of citizen to speak, publish and express their view as well as right or people to read, Bennett Coleman and Co. v. Union of India, (1972) 2 SCC 788. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Freedom of press, Freedom of press as the petitioners rightly assert means freedom from interference from authority which would have the effect of interference with the content and circulation of newspapers, Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, AIR 1986 SC 515: (1985) 1 SCC 641: (1985) 2 SCR 287.Is a freedom included in the fundamental right to the freedom of speech and expression, Express Newspapers v. Union of India, AIR 1958 SC 578.Is freedom of speech and of press lie at the foundation of all democratic organizations, Romesh Thapper v. State of Madras, 1950 SCR 594.In U.K., it is a part of the individual right of freedom of discussion, Commentary on the Constitution of India, Durga Das Basu, Vol. C...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Authority competent to remove
Authority competent to remove, the expression 'the authority competent to remove' used in clause (c) of s. 6(1) is to be construed to mean also an authority without whose order or affirmation the public servant cannot be removed, K. Veeraswami v. Union of India, (1991) 3 SCC 655 (702). [Prevention of Corruption Act, 1947, s. 6(1)(c)...
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