Judicial Experience - Law Dictionary Search Results
Home Dictionary Name: judicial experienceJudicial experience
Judicial experience, 'judicial experience' would mean the knowledge or skill gained by a person by actually working as a judge in a court of law. In other words it denotes the experience which a judge obtains by regular application of his un-biased and unprejudiced mind to the determina-tion of disputes between two or more parties adjudicating upon their legal rights or liabilities, Badridass Kanhaiyalal v. Appellate Tribunal of State Transport Authority Rajasthan, AIR 1960 Raj 105....
Experience
Experience, unless the context otherwise demands, it should be taken as experience after acquiring the minimum qualifications, required and, therefore, necessarily will have to be posterior to the acquisition of the qualification. In the case of a promotion the same interpretation may not be just or warranted. It would depend on the relevant provisions as also the particular type of experience which is required, Sheshrao Jangulji v. Bhaiyya, AIR 1950 SC 76: 1991 Supp (1) SCC 367....
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...
Judicial, quasi judicial
Judicial, quasi judicial, whether an act is a judicial or a quasi-judicial one or a purely executive act depends on the terms of the particular rules and the nature, scope and effect of the particular powers in exercise of which the act may be done and would, therefore, depend on the facts and circumstances of each case. Where an authority is required to act judically either by an express provision of the statute under which it acts or by necessary implication of the said statute the decisions of such an authority generally amount to quasi-judicial decisions. Where, however, the executive or administrative bodies are not required to act judicially and are competent to deal with issues referred to them administratively, their conclusions cannot be treated as quasi-judicial conclusions, Engineering Mazdoor Sabha v. Hind Cycles Ltd., AIR 1963 SC 874 (878); 1963 Supp (1) SCR 625....
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...
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...
Experience
Trial as a test or experiment...
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