Judicial Comity - Law Dictionary Search Results
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judicial comity : comity ...
comity
comity 1 : comity of nations 2 : the informal and voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another called also judicial comity compare choice of law, federalism, full faith and credit ...
comity of nations
comity of nations : the courtesy and friendship of nations marked esp. by mutual recognition of executive, legislative, and judicial acts 2 : the group of nations practicing international comity ...
Comity of Nations
Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter, and is inadmissible when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided, Story's Conflict of Laws, s. 38, and see Westlake's Pr. Intern. Law....
Comity
Mildness and suavity of manners courtesy between equals friendly civility as comity of manners the comity of States...
Vicecomes dicitur quod vicem comitis suppleat
Vicecomes dicitur quod vicem comitis suppleat. Co. Litt. 168 a.-[Vicecomes (sheriff) is so called because he supplies the place of the comes (earl).]...
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...
Judicial office
Judicial office, Administrative proximity with judicial work was regarded as an excuse good enough to elevate the administrator into a holder of judicial office, State of Haryana v. Haryana Co-operative Transport, AIR 1977 SC 237 (239): (1977) 1 SCC 271.'Judicial office' is used in the proviso; a person holding judicial office being a member of the Judicial Service, or, in short, a judicial officer. In the matter of enrolment of Sri H.P. Chaudhari, AIR 1959 All 472.'Judicial office' subsisting office with a substantive position which has an existence independent from its holder, Shri Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213. [Constitution of India Art 217 (2) (a)]...
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....
Judicial power
Judicial power, '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 Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
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