Expressed Authority - Law Dictionary Search Results
Home Dictionary Name: expressed authority Page: 2 Page 2 of about 74 results (0.003 seconds)As it thinks fit
As it thinks fit, the expression 'as it thinks fit' confers a very wide jurisdiction enabling it to take an entirely different view on the same set of facts. The expression 'as it thinks fit' has the same connotation, unless context otherwise indicates, 'as he deems fit' and the latter expression was interpreted by this Court in Raja Ram Mahadev Paranjype v. Aba Maruti Mali to mean to make an order in terms of the statute, an order which would give effect to a right which the Act has elsewhere conferred, Babulal Nagar v. Shree Synthetics Ltd, 1984 Supp SCC 128 (139): AIR 1984 SC 1164. [Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) s. 66]...
Determination and order
Determination and order, The expression 'deter-mination' in the context in which it occurs in Art. 136 of the Constitution of India signifies an effective expression of opinion which ends a controversy or a dispute by some authority to whom it is submitted under a valid law for disposal. The expression 'order' must have also a similar meaning, except that it need not operate to end the dispute, Jaswant Sugar Mills Ltd. v. Lakshmi Chand AIR 1963 SC 677: (1963) 1 Supp SCR 242. (Constitution of India, Art. 136)...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Appeal and revision
Appeal and revision, the expression 'revision' is meant to convey the idea of a much narrower jurisdiction than that conveyed by the expression 'appeal', Sri Raja Lakshmi Dyeing Works v. Rangaswamy Chettiar, (1980) 4 SCC 259. [T.N. Bulding (Lease and Rent Control) Act 1960, s. 25]...
Deputy steward
Deputy steward, a steward of a manor may depute or authorize another to hold a Court; and the acts done in a Court so holden will be as legal as if the Court had been holden by the chief steward in person. so an under-steward or deputy may authorize another as sub-deputy, pro hac vice, to hold a Court for him; such limited authority not being inconsistent with the rule delegatus non potest delegare. By the Copyhold Act, 1894, s. 94, and the Law of Property Act, 1922, 'deputy steward' included in the statutory meaning of 'steward.'This deputy or under-steward may be appointed either in writing or by parol, although the appointment of the chief steward should not contain an express authority for that purpose....
Steward of manor
Steward of manor, the lord's deputy, who transacts all the legal and other business connected with the estate, and takes care of the Court-rolls. The office is usually held by the lord's solicitor. The office has been deprived of much of its importance in consequence of the abolition of copyhold tenure by the (English) Law of Property Act, 1922 (see COPYHOLDS). The scale of compensation to the steward of the manor if he was appointed before the 29th June, 1922, is provided for by the 14th Sch. of the (English) Law of Property Act, 1922, and see the (English) L.P. (Amendment) Act, 1924. See also the (English) L.P. Act, 1922, and the (English) Enfranchised Land (Stewards' Fees) Regulations, S.R. & O., 1926, No. 3, as to fees payable to stewards upon extinguishment of manorial incidents and upon the compulsory production of assurance of former copyholds to him. Upon a vacancy for three months in the office and on other occasions the Lord Chancellor may upon default of the lord of the mano...
Blank transfer
Blank transfer, in such blank transfers, the name of the transferor is entered, and the transfer deed signed by the transferor is handed over with the share scrip to the transferee, who, if he so chooses, completes the transfer by entering his name and then applying to the company to register his name in place of the previous holder of the share, Howrah Trading Co v. CIT, AIR 1959 SC 775 (778). [Income-tax Act (11 of 1922) s. 18(5)]--A deed executed with the name of a transferee or vendee in blank is void; but the lender will have an equitable security, Colonial Bank v. Whinney, (1884) 26 CD 257, and this principle is applicable to transfers of shares in companies transferable only by deed; but if transferable under hand only the transfer may be filled in by any one having express authority, or authority to be implied from the nature of the transaction, Hibblewhite v. McMorine, 6 M&W 200, and Powell v. London, etc. Bank, (1893) 2 Ch 555.If in a will the name of a legatee is left blank,...
Quasi judicial, quasi
Quasi judicial, quasi, A quasi-judicial function has been termed to be one which stands midway a judicial and an administrative function. The primary test is as to whether the authority alleged to be a quasi-judicial, has any express statutory duty to act judicially in arriving at the decision in question. If the reply is in affirmative, the authority would be deemed to be quasi-judicial, and if the reply is in the negative, it would not be. The dictionary meaning of the word 'quasi' is, 'not exactly', State of Himachal Pradesh v. Raja Mahendra Pal, (1999) 4 SCC 93: AIR 1999 SC 1786. [H.P. Forest Produce (Regulation of Trade) Act, 1982 (5 of 1982)]...
Direction to consider the case
Direction to consider the case, in case where High Court merely directs the authority to 'consider' the matter without recording any finding or without expressing any view, the authority has to consider the matter in accordance with law and in facts and circumstance of case as its power not being circumscribed by any observations or finding of court; A.P.S.R.T.C. v. G. Srinivas Reddy, AIR 2006 SC 1465 (Constitution of India, Art. 226)....
Save with the authority of law and except by authority law
Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...
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