Judicial Act - Law Dictionary Search Results
Home Dictionary Name: judicial act Page 1 of about 132 results (0.004 seconds)Judicial Act
Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial a...
Quasi Judicial Act
Quasi Judicial Act, a Quasi Judicial Act requires that a decision is to be given not arbitrarily or in the mere discretion of an authority, but according to the facts and circumstances of the case, as determined upon an enquiry held by the authority after giving an opportunity to the party to be affected of being heard and whenever necessary leading evidence in support of his contentions, Avadhesh Pratap Singh v. State of Uttar Pradesh, AIR 1952 All 63 (69). (Constitution of India, Art. 226)The concept of quasi-judicial act implies that the act is not wholly judicial; it describes only a duty cast on the executive body or authority to conform to norms of judicial procedure in performing some acts in exercise of its executive power. The procedural rules made by the Governor for the convenient transaction of business of the State Government apply also to quasi-judicial acts; provided those Rules conform to the principles of judicial procedure, Gullapali Nageswara Rao v. Andhra Pradesh St...
judicial act
judicial act : an act deriving from the normal exercise of judicial power within the proper jurisdiction used as a criterion for absolute judicial immunity ...
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Judicial
Judicial, 'judicial' extends 'to the acts and orders of a competent authority which has power to impose a liability or to give a decision which determines the rights or property of the affected parties'. 'Judicial' embraces even the acts of special tribunals which though administrative in character perform func-tions resembling those of Courts, Bhailal Jagadish v. Additional Deputy Commissioner, AIR 1953 Nag 89.Judicial, does not necessarily mean acts of a Judge or Legal Tribunal sitting for the determination of matters of law, but for the purpose of this question a judicial act seems to be an act done by a competent authority, upon consideration of facts and circumstances and imposing liability or affecting the rights of others, Regina John M'Evoy v. Dublin Corpn., (1878) 2 LR Ir 371.Has two meanings. It may refer to the discharge of duties exercisable by a Judge or by Justices in court or to administrative duties which need not be performed in court, but in respect of which it is nec...
Quasi judicial
Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...
Appellate Jurisdiction Acts, 1876, 1887, 1913 and 1929
Appellate Jurisdiction Acts, 1876, 1887, 1913 and 1929 (English) (19 Geo. 5, c. 8). These Acts modernize the procedure of the House of Lords as a Court of Appeal. An appeal lies to the House of Lords from any judgment or order of the Court of Appeal in England, and also from certain Courts in Scotland and Ireland. But Administration of Justice (Appeals) Act, 1934 (24 & 25 Geo. 5, c. 40) provides that no appeal shall lie from the Court of Appeal to the House of Lords except with the leave of that Court or the House of Lords. Three members of the House, having held high judicial office, form a quorum, but any member of the House, whether having held high judicial office or not, has still a technical right to take part in a judgment; but peers not being law lords have not taken such part since 1783 (in Bishop of London v. Fytche, (1783) 1 East 487), except in Bradlaugh v. Clarke, (1883) 48 LT 681, in which Lord Denman took part in a hearing and voted with Lord Blackburn against three othe...
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