Judicial Capacity - Law Dictionary Search Results
Home Dictionary Name: judicial capacityJudicial capacity
Judicial capacity, is an ambivalent term which means 'capacity of or proper to a Judge' and is capable of taking in all functional capacities of a Judge whether administrative, adjudicatory or any other, necessary for the administration of justice, Bhardakanta Mishra v. Registrar of Orissa High Court, AIR 1974 SC 710 (723): (1974) 1 SCC 374....
Judicial office and Judicial officer
Judicial office and Judicial officer, expression 'Judicial Office' has not been defined under the Constitution, nevertheless, it has to be given meaning in the context of the concept of Judiciary as enshrined in the Constitution of India. The scheme under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. Holder of 'judicial office' under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-partes and renders decisions in a judicial capacity, Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213: (1992) 2 SCC 428....
Judicially
Judicially, merely a standard of conduct and freedom from bias or interest which are the true attributes of a judge. 'Judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.An authority acts in a judicial capacity when after investigation and deliberation it performs an act or makes a decision that is binding and conclusive and imposes obligations upon and affects the rights of individuals, C.V. Subrahmanyam Sastry v. Joint Registrar of Co-operative Societies, AIR 1965 AP 69....
Judicially
In a judicial capacity or judicial manner...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Lord Chancellor
Lord Chancellor : an official in the British judicial system whose duties include heading the Chancery Division and presiding over the Supreme Court of Judicature and the House of Lords in its judicial capacity ...
Chancellor, Lord
Chancellor, Lord, properly, 'the Lord High Chancellor of Great Britain' [fr. Cancellarius, low Lat., cancelli, Lat., latticework], the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the king's Great Seal into his custody. He may not be a Roman Catholic (10 Geo. 4, c. 7, s. 12). He is a cabinet minister, a privy councillor, and prolocutor of the House of Lords by prescription (but not necessarily, though usually, a peer of the realm), and vacates his office with the ministry by which he was appointed, but is entitled to a pension. When royal commissions are issued for opening the session, for giving the royal assent to bills, or for proroguing Parliament, the Lord Chancellor is always one of the commissioners, and reads the royal speech on the occasion. To him belongs the appointment of all justices of the peace throughout the kingdom, and the appointment and removal of county court judges (se...
Take cognisance of an offence
Take cognisance of an offence, simply means that taking notice of an offence by a court, competent for the purpose in a judicial capacity with a view to the initiation of judicial proceedings against the accused in respect of that offence applying its mind to the facts constituting the offence, Nandram v. State of Rajasthan, 1979 Raj Cr C 377: 1979 Raj LW 477: 1979 WLN 373: 1979 Cr LR Raj 439....
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Status - capacity
Status - capacity, the fundamental difference bet-ween status and capacity is that the former is a legal State of being while the latter is a legal power of doing. Status determines a person's legal condition in community by reference to some legal class or group and cannot normally be voluntarily changed. The imposition of status carries with its attribution of a fixed quota of capacity and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. Capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed, subject to certain generally and legally defined limits - limits which vary in relation to each particular form of capacity. Capacity in this form is an incident of status, Mahalinga Thambiran Swamigal v. AIR 1974 SC 199 (206): (1974) 2 SCR 74....
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