Judicial Member - Law Dictionary Search Results
Judicial Committee of the Privy Council
Judicial Committee of the Privy Council, a tribunal of Privy Councilors, established by 2 & 3 Wm. 4, c. 92, for the disposal of appeals to the Sovereign in Council. It consists of the Lord Chancellor, the Lord President and ex-Lords President, the six Lords of Appeal in Ordinary, and such other members of the Privy Council as shall from time to time hold or have held 'High Judicial Office,' i.e., judges of the Supreme Courts of England or Ireland, Court of Session in Scotland, and not more than seven judges of the superior courts of the self-governing Colonies (or other possession fixed by Order in Council), and not more than two judges of any High Court in India as shall be nominated by the King.The Committee sits in Downing Street, Whitehall. Appeals are conducted before it as before a court, although inform it reports to the King advising that an appeal should be allowed or disallowed: consequently dissenting opinions are not disclosed. The principal matters which come before the Ju...
Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, originally two persons having held high judicial office, or practised at the bar for not less than fifteen years, appointed, with a salary of 6,000l. a year, to aid the House of Lords and the Judicial Committee of the Privy Council in the hearing of appeals (App. Jur. Act, 1876, s. 6). On the death or resignation of any two members of the Judicial Committee of the Privy Council the Crown was empowered to appoint a third and fourth Lord of Appeal in Ordinary (ibid., s. 14), and may now appoint two more in addition to the four (App. Jur. Act, 1913, s. 1), and a further one in addition to the six (App. Jur. Act, 1929, s. 2). Any Lord of Appeal in Ordinary who at the date of his appointment would have been qualified to the appointed an ordinary judge of the Court of Appeal, or at that date was a judge of that Court, is an ex-officio judge of the Court of Appeal (Jud. Act, 1925, s. 6 (2)). Lords of Appeal in Ordinary rank as barons for life and sit and vote in t...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Advocates, Faculty of
Advocates, Faculty of, the bar of Scotland. The Faculty was instituted along with the College of Justice in 1532. Members are entitled to plead in every Court in Scotland, and also before the House of Lords, the Judicial Committee of the Privy Council, and Parliamentary committees. In the Supreme Courts in Scotland they have an exclusive right of audience except (1) where a party conducts his own case, and (2) in cases falling under s. 3 of the Administration of Justice (Scotland) Act, 1933. The head of the Faculty is Dean of Faculty, who is elected annually. He takes precedence of all other members of the Bar except the Lord Advocate; these two and the Solicitor-General for Scotland in Court sit within the Bar. Before 1897 only the Law Officers and Deans of Faculty were appointed King's counsel, but since that year it has been the practice confer this honour on distinguished Counsel recommended by the Lord Justice-General. They do not sit within the Bar. The Library of the Faculty was...
House of Lords
House of Lords, a constituent part of Parliament, being composed of the lords spiritual and temporal.The upper chambers of British parliament, of which the 11 member judicial committee provides judge who serve as the final court of appeal in most civil cases, Black's Law Dictionary, 7th Edn.The lords temporal are dukes, marquises, earls, viscounts, and barons. The number of British peerages of different ranks has been greatly augmented from time to time, and there is no limitation to the power of the Crown to add to it by fresh creation.The lords temporal consist of: (1) peers of the United Kingdom, of Great Britain, and of England; (2) the representative peers of Scotland and Ireland; (3) life peers, i.e., Lords of Appeal in Ordinary. The Lord High Chancellor presides.Bankrupts are disqualified from sitting or voting by s. 32 of the Bankruptcy Act, 1883.The assent of the House of Lords was formerly essential to the passing of any act of Parliament, but its powers in this respect had b...
conference
conference 1 : a meeting for consultation, deliberation, discussion, or interchange of opinions [a on environmental law] see also judicial conference, pretrial conference 2 : a meeting of members of the two branches of a legislature esp. to adjust differences in the provisions of a bill passed in different forms by the two branches ;also : conference committee 3 : caucus ...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
impeach
impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
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...
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