Express Authority - Law Dictionary Search Results
Home Dictionary Name: express authority Page: 5So long as that tax continues to be levied in that State
So long as that tax continues to be levied in that State, the plain and simple meaning which must be culled out from the said expression in the context of the other phraseology in clause (2) is that the local authority can claim protection under clause (2) if it is a local authority in the same State in which it was before the advent of the Constitution. There does not seem to be any ambiguity in this matter and there is, therefore, no escape from the position that Bellary Municipal Council in the city of Bellary which was a local authority within the State of Madras cannot take the advantage of clause (2) as at the time when it was making the claim for realisation of the tax it was a part of the Mysore State. It is neither necessary nor advisable for us to speculate or hazard a surmise to find out a reason for making this distinction between the right of a local authority in the same State and being part of the different States in the pre-Constitution and post-constitution eras, Union...
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Under the authority of any department of the Central Govt
Under the authority of any department of the Central Govt., the expression 'under the authority of any department of the Central Government' in s. 32(iv) of the Payment of Bonus Act would in ordinary parlance mean that the department is directly responsible for the management of the industrial undertaking, Rashtriya Mill Mazdoor Sangh v. Model Mills, AIR 1984 SC 1813 (1819): (1984) Supp SCC 443: (1985) 1 SCR 751....
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Subject thereto
Subject thereto, means subject to the provision immediately preceding such an expression, Colvile v. Martin, (1911) 105 LT 622.The use of expression 'subject thereto' in the commencement of the positive part of s. 58(3) cannot attribute to the previous operation of the repealed statute an overriding effect so as to deprive the authorities constituted under the repealing Act of their power to entertain appeals or revision applications, which they possess by the express enactment that the acts done or actions taken are deemed to have been done under the statute, Bishambhar Nath v. State of Uttar Pradesh, AIR 1966 SC 573 (579). [Administration of Evacuee Property Act, 1950, s. 58(3)]...
Dairy
Dairy.--By the (English) Public Health Acts Amendment Act, 1907, s. 13--The expression 'dairy' includes any farm, farmhouse, cowshed, milk store, milk shop, or other place from which milk is supplied or in which milk is kept for the purposes of sale within (unless otherwise expressed) the district of the local authority:By the same Act dairymen must furnish (s. 53) a list of their sources of supply, and notify (s. 54) when any infectious disease exists among their servants.As to the power of the Ministers of Health and Agriculture and Fisheries to make orders for the registration of dairymen and regulations for carrying on their trade, see the (English) Milk and Dairies (Consolidation) Act, 1915, and the (English) Milk and Dairies (Amendment) Act, 1922, as amended by the (English) Milk Act, 1934, amending and consolidating the general law on the subject of dairies and the milk trade. See also (English) Sale of Goods (Weights and Measures) Act, 1926 (16 & 17 Geo. 5, c. 63) and the (Engl...
Has been
Has been, whether the expression 'has been' occurring in a provision of a statute denotes transaction prior to the enactment of the statute in question or a transaction after the coming into force of the statute will depend upon the intention of the legislature to be gathered from the provision in which the said expression occurs or from the other provisions of the statute, Secretary Regional Trans-port Authority v. D.P. Sharma, AIR 1989 SC 509: (1989) Supp 1 SCC 407. [Karnataka Contract Carri-ages (Acquisition) Act, 1976, s. 3(g)]...
Onus probandi, animo attestandi
Onus probandi, animo attestandi, the Latin expression 'onus probandi' and 'animo attestandi' are the two basic features in the matter of civil Court'sexercise of testamentary jurisdiction: Whereas 'onus probandi' lies in every case upon the party propounding a Will--the expression 'animo attestandi' means and implies to attest: to put it differently and in common parlance it means intent to attest. As regards the latter maxim, the attesting witness must subscribe with the intent that the subscription of the signature made stands by way of a complete attestation of the Will and the evidence is admissible to show whether such was the intention or not, N. Kamalam v. Ayyasamy, AIR 2001 SC 2802 (2803): (2001) 7 SCC 503. [Succession Act, 1925, s. 63(c)]...
Attorney
Attorney [fr. tourne, Fr., or fr. attornatus, Medieval Lat., substituted], one who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. He is of two kinds.(1) Attorney at Law was a public officer belonging to the Superior Courts of Common Law at Westminster, who conducted legal proceedings on behalf of others, called his clients, by whom he was retained: he answered to the Solicitor in the Courts of Chancery, and the Proctor of the Admiralty, Ecclesiastical, Probate, and Divorce Courts. An attorney was almost invariably also a solicitor. The name 'Solicitor' was provided by the (English) Judicature Act, 1873, s. 87. The (English) Judicature Act, 1925, s. 215(2) provides that references in any enactment to solicitors, attorneys or proctors shall be construed as references to solicitors of the Supreme Court. see SOLICITORS.(2) Attorney in Fact, including all agents employed in any business or to do any ...
Petty Sessions
Petty Sessions. A meeting of two or more justices of the peace, not being a general or quarter sessions, to transact business with which it is either necessary or desirable that more than one justice should deal. The expression is, however, often used to denote a Petty Sessional Court, which is defined as 'a Court of summary jurisdiction, consisting of two or more justices, sitting in apetty sessional Court-house,' and includes 'any stipendiary magistrate when sitting in a Court-house or place or which he is authorized to do alone any act authorized to be done by more than one justice of the peace.'--(English) Interpretation Act, 1889, s. 13 (12). The principal business transacted by a petty sessional Court is the trial of minor offences in a summary way without a jury. This power is given by various statutes dealing with particular offences and by the Summary Jurisdiction Acts. There is an appeal from the decision of a petty sessional Court on questions of law and fact to quarter sess...
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