Judicial Control - Law Dictionary Search Results
Home Dictionary Name: judicial control Page 1 of about 38 results ( seconds)Judicial control
Judicial control, means a doctrine by which a court can deny cancellation of a lease if the lessee's breach is of minor importance, is not caused by the lessee, or is based on a good-faith mistake of fact, Black's Law Dictionary, 7th Edn., p. 851....
Judicial Trustee
Judicial Trustee, a trustee appointed by, and to act under the control of, the court, under the (English) judicial Trustees Act, 1896 (59 & 60 Vict. c. 35). Such a trustee may be appointed either jointly with any other person or as sole trustee, and if sufficient cause is shown in place of all or any existing trustees (s. 1); and the administration of the estate of a deceased person is a 'trust' within the meaning of the Act (ibid.). A judicial trustee is an officer of the court, and he may be remunerated out of the trust property and his accounts must be audited once a year and a report thereon made to the court (ibid). See also Judicial Trustee Rules, 1897, and Lewin on Trusts....
law
law [Old English lagu, of Scandinavian origin] 1 : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a : a command or provision enacted by a legislature see also statute b : something (as a judicial decision) authoritatively accorded binding or controlling effect in the administration of justice [that case is no longer the of this circuit] 2 a : a body of laws [the of a state] ;broadly : laws and justice considered as a general and established entity [the looks with disfavor on restraints on alienation] b : common law compare equity 3 a : the control or authority of the law [maintain and order] b : one or more agents or agencies involved in enforcing laws c : the application of a law or laws as distinct from considerations of fact [an error of ] see also issue of law at issue matter of law at matter question of law at question 4 : the whole body of laws and doctrines relating to one subject [contract ] [the...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Lord Lyon King-of-Arms
Lord Lyon King-of-Arms, the principal Officr of Arms in Scotland. His duties are both ministerial and judicial, and include control of all arms, badges, and signs armorial, the execution of royal proclamations, the appointment and control of messengers-at-arms, the granting of certificates in connection with changes of names, etc. under him are three heralds, and three Pursuivants....
Government
Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...
Government servant
Government servant, means a government servant or employee as defined in r. 2(b) of the Maharashtra Civil Services (Conduct) Rules, 1979, and shall include the All-India Service Officers and Em-ployers (other than the Judicial officers) under the administrative control of the judiciary, The Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, s. 2(f)....
Judicial discretion
Judicial discretion, signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will, the liberty of power of acting without other control than one's own judgment, Reliance Airport Develo-pers Pvt. Ltd. v. Airports Authority of India, (2006) 10 JT 424: (2006) 11 SCALE 208.Judicial discretion. Such matters in the course of a trial as are to be decided summarily by the judge, and cannot be questioned afterwards, are said to be within his discretion. Various matters incidental to the conduct of a cause before trial are also by statute left in the discretion of the Court, or a judge at chambers. Discretion is thus defined by Coke, in Rooke's case, 40 Eliz.: 'Discretion is a science of understanding, to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one said, ta...
Judicial administration
Judicial administration, is an integrated function of the Judge and cannot suffer any diss. so far as maintenance of high standards of rectitude in judicial administration is concerned. The whole set up of a court is for the purpose of administrationof justice, and the control which the judgeexercise over his assistants has also the object of maintaining the purity of administration of justice, Bhardakanta Mishra v. Registrar of Orissa High Court, AIR 1974 SC 710 (720): (1974) 1 SCC 374....
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