Judicial Decision - Law Dictionary Search Results
Home Dictionary Name: judicial decision Page: 3judicial activism
judicial activism : the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint ...
Immediately
Immediately, in a statute, means within a reasonable time. See Maxwell on Statutes, 2nd Edn. 423.The expression 'immediately' is only meant to convey 'reasonable dispatch and promptitude' and no more, Tulsiram v. State of Madhya Pradesh, AIR 1985 SC 299: (1984) 4 SCC 487: (1985) 1 SCR 949.The word 'immediately' is interpreted to convey 'reasonable despatch and promptitude' intending to convey a sense of continuity rather than urgency, Rajendra v. State of Madhya Pradesh, AIR 1991 SC 1757 (1759): (1991) 3 SCC 620. [Prevention of Food Adulteration Rules, 1955, R. 9A ]The word 'immediately' connotes proximity in time to comply and proximity in taking steps to re-sell on failure to comply the requirement of deposit as first condition that is to take place within relatively short-interval of time and without any other intervening recurrence, Rao Mahmood Ahmed Khan v. Ranbir Singh, 1995 Supp (4) SCC 275: AIR 1995 SC 2195 (2198). [U.P. Zamindari Abolition and Land Reform Rules (1952), R. 285 ...
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 ...
source of law
source of law :something (as a constitution, treaty, custom, or statute) that provides the authority for judicial decisions and for legislation ;specif : a labor contract as the source of authority for an arbitrator's decision ...
judge-made
judge-made : created by judges or judicial decision used esp. of law established by due judicial interpretation of statutes ...
interstate commerce
interstate commerce : commerce, traffic, transportation, and exchange between states of the U.S. see also commerce clause NOTE: While interstate commerce has been narrowly interpreted in judicial decisions in the past, more recent decisions have interpreted it more broadly and have allowed Congress to regulate internal or local activities that affect interstate commerce. For example, cattle crossing a state line while grazing and the movement of pollutants across state lines have been considered interstate commerce by federal courts in order to uphold Congress's regulatory jurisdiction. ...
full faith and credit
full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back matter compare choice of law, comity, federalism NOTE: Unlike comity, full faith and credit is a requirement created by the U.S. Constitution and the U.S. Code. A public law or a judicial decision may not, however, be entitled to full faith and credit for specific reasons (as for having been decided by a court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. ...
Residuum rule
Residuum rule, means the principle that an agency decision based partly on hearsay evidence will be upheld on judicial review only if the decision is founded on at least some competent evidence, Black's Law Dictionary, 7th Edn., p. 1311...
Judiciary
Judiciary, is the part of Government whose work is the administration of justice, Webster American Dictionary, p. 792.Is the body of officers, who administer the law, A Dictionary of Law, Willium C. Anderson, 1889, p. 579.Is independent of the executive in England, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199.The Constitution of India makes the Indian Judiciary separate from and independent of the Executive as in England; this is achieved by providing for (i) immunity from outside influence, (ii) security of tenure, (iii) favourable conditions of service; (iv) oath of Office, (v) the judicial decision binding on the executive, and (vi) the power to punish for its own contempt, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199....
Scintilla juris et tituli
Scintilla juris et tituli [Lat.] (a spark of law and title).A possibility of seisin, which was supposed to exist in the grantee to uses, when all actual seisin was taken from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs until the marriage of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; now the marriage takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59).This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s. 7 of the (English) Law of Pro-perty Amendment Act, 1860 (now repealed by the (English) Law of Property Act, 1925, 7th Sch.), has been warmly contested. Lord Coke admitted it (Chudleigh's case, 1 Co., p. 121 a), so did Mr. Booth (s...
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