Expressed Authority - Law Dictionary Search Results
Home Dictionary Name: expressed authorityexpressed authority
expressed authority : express authority at authority ...
actual express authority
actual express authority see authority ...
express authority
express authority see authority ...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
Express and implied authority
Express and implied authority, an authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case (Contract Act, 1872, s. 187)....
Other authorities
Other authorities, the expression 'other authorities' is wide enough to include within it every authority created by a statute and functioning within the territory of India, or under the control of the Government of India, Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857 (1862): (1967) 3 SCR 377. (Constitution of India, Article 12)The expression 'other authorities' includes all statutory authorities and other agencies and instrumentalities of the State Government/Central Government, Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 (687). (Constitution of India, Article 12)The Council of Scientific and Industrial Research is not an authority within the meaning of article 12 of the Constitution, Sabhajit Tewary v. Union of India, AIR 1975 SC 1329 (1331). (Constitution of India Article 12)...
Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Delegation
Delegation, a sending away; a putting into commission; the assignment of a debt to another; the entrusting another with a power to act in the place of those who depute him.Delegate, to delegate to another is not to denude yourself, Ishwar Singh v. State of Rajasthan, (2005) 2 SCC 334.The Indian Constitution accepts the English principle of supremacy of the law in this respect or property, no person can be deprived of it except by authority of law, Constitution of India, Art. 300A.By an agent, that is the entrusting to another person by an agent of the exercise of a power or duty entrusted to him by his principal is in general prohibited, under the maxim delegatus non-potest delegare, without the express authority of the principal, or authority derived from statute, Halsbury's Laws of England 1(2), para 63, p. 49....
Authority of law
Authority of law, the expression 'authority of law' refers to a valid law which means the tax proposed to be levied must be within the legislative competence of the legislature imposing the tax; and the law must be validly enacted; the law must not be a colorable use of or a fraud upon the legislative power to tax; the law must not violate the conditions of fundamental right as that in Article 19(1)(a) or 19(1)(g); it must not also contravene the specific provisions of the Constitution which impose limitation on legislative power relating to particular metters like Articles 276 to 286 or 301 and; the tax must be authorised by such valid law, Saurashtra Coment and Chemical Industries v. Union of India, AIR 2001 SC 8 (16): (2001) 1 SCC 91. (Constitution of India, Art. 2)...
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