Express Authority - Law Dictionary Search Results
Home Dictionary Name: express authority Page: 6Tribunal
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...
To negotiate for sale
To negotiate for sale, the expression 'to negotiate for sale' in relation to the authority of an estate agent, has a definite legal connotation. He gets an authority to find a purchase, but he cannot bind the principal by entering into a contract of sale, Shanti Vijay and Co. v. Princess Fatima Fouzia AIR 1980 SC 17 (25): (1979) 4 SCC 602: (1980) 1 SCR 459....
Taxation
Taxation, is a tax levy; the principle of levying taxes, Webster American Dictionary, p. 1494.Taxation, is levying charge, a pecuniary burden, for the support of government, by authority of the legislature. The consent of the tax-payer is not necessary to its enforcement, A Dictionary of Law, Willium C. Anderson, 1889, p. 1006.Taxation, no Bill or amendment seeking permission for imposition, abolition, remission, alteration or regulation of any tax can be introduced or moved except on the recommendation of the President and such a Bill cannot be introduced in Rajya Sabha. [Constitution of India, Art. 117(1)]Taxation, no taxation without representation can be levied or collected except by authority of law, Constitution of India, Art. 265.Taxation, though the expression 'taxation', as defined in Art. 366(28), 'includes the imposition of any tax or impost, whether general or local or special', the amplitude of that definition has to be cut down if the context otherwise so requires. In re ...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Otherwise directed
Otherwise directed, expression 'otherwise directed' only means that the appellate authority can ask the assessee to deposit a portion of the amount and not the whole but the section gives no power to the appellate authority to permit the assessee to furnish security in lieu of cash amount of tax, Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724: (1969) 2 SCR 261. [Assam Sales Tax Act, 1947 (17 of 1947), s. 30(1)]...
Judicial, quasi judicial
Judicial, quasi judicial, whether an act is a judicial or a quasi-judicial one or a purely executive act depends on the terms of the particular rules and the nature, scope and effect of the particular powers in exercise of which the act may be done and would, therefore, depend on the facts and circumstances of each case. Where an authority is required to act judically either by an express provision of the statute under which it acts or by necessary implication of the said statute the decisions of such an authority generally amount to quasi-judicial decisions. Where, however, the executive or administrative bodies are not required to act judicially and are competent to deal with issues referred to them administratively, their conclusions cannot be treated as quasi-judicial conclusions, Engineering Mazdoor Sabha v. Hind Cycles Ltd., AIR 1963 SC 874 (878); 1963 Supp (1) SCR 625....
Validly nominated
Validly nominated, the expression 'validly nomin-ated' occurring in sub-rule (5) of Rule 2 of Delhi Development Authority (Election of Represen-tation of Delhi Municipal Corporation) Rules 1958, implies that the Mayor may determine whether the requirements of clauses (2) and (3) are satisfied. The Mayor cannot obviously hold a detailed enquiry having regard to the terms of r. 3 of the Delhi Development Authority. Rules to ascertain whether the candidate is subject to any of the disqualification set out in that rule, Surat Singh v. Kishori Lal, (1969) 2 SCC 487: (1970) 2 SCR 59....
Vacant land
Vacant land, is land which is not being used mainly for the purposes of agriculture in an urban agglomeration, Parshottamdas Ramdas Patel v. Municipal Corporation Ahmedabad, (1981) 22 Guj LR 137 (DB).Vacant land, is land which is not being used mainly for the purposes of agriculture, which includes horticulture and the land on which no construction can be made under the Building Regulations of the Calcutta Corporation is not and cannot be vacant land, Gautam Roy v. State, AIR 1993 Cal 266: (1993) 1 Cal LJ 405: (1993) 97 Cal WN 302.Means land as such, not being land mainly used for the purpose of agriculture, but situated in an urban agglomeration, Meera Gupta v. State of West Bengal, (1992) 1 Civ LJ 203 (SC).Means land, not being land mainly used for the purpose of agriculture, within the local limits of Kolkata and Howrah Municipalities under the jurisdiction of Kolkata. [Metropolitan Develop-ment Authority Kolkata Land Revenue, Act, 2003, s. 2(n)]The expression 'vacant land' is defin...
Ultra vires
Ultra vires [Lat.] (beyond the powers), said of a corporation or company when exceeding its authority. If the powers are given or acquired at common law or by custom or by charter, the corporation is a person at common law and may do anything which an ordinary person can do [Wenlock (Baroness) v. River Dee Co., (1885) 10 AC 354; British South Africa Co. v. De Beers Consolidated Mines Ltd., (1910) 1 Ch 354], subject to the consequences if the act is prohibited by the Charter or Act of Parliament, or by law directly or indirectly, Jenkins v. Pharmaceutical Society of Great Britain, (1921) 1 Ch 392. On the other hand, a cor-poration or company which is created by or under statute cannot do anything at all unless authorized expressly or impliedly by the statute or instrument defining its powers. An act done ultra vires a corporation means that it is 'an act which the company in general meeting could not authorize, and an act which, if every individual corporator assented to it, would still...
Agency
Agency, the relation which exists between one person, called 'the principal' and another person called 'the agent' who, by his authority, express or implied, acts on his behalf. See AGENT...
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