Judicial Power - Law Dictionary Search Results
Home Dictionary Name: judicial powerJudicial 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...
Legislative power and judicial power
Legislative power and judicial power, the essence of the distinction between legislative power and judicial power is that the legislature makes new law which becomes binding on all persons over whom the legislature, exercises legislative power; the judicature applies already existing law in the resolution of disputes between particular parties and Judges may not deviate from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative or judical, Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 (2374): 1975 Supp SCC I....
judicial power
judicial power see power ...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
court
court [Old French, enclosed space, royal entourage, court of justice, from Latin cohort- cohors farmyard, armed force, retinue] 1 a : an official assembly for the administration of justice : a unit of the judicial branch of government [the judicial power of the United States shall be vested in one supreme Court, and in such inferior s as the Congress may from time to time ordain and establish "U.S. Constitution art. III"] see also the Judicial System in the back matter b : a session of such a court c usu cap : the Supreme Court of the United States 2 : a place (as a building, hall, or room) for the administration of justice [order in the ] 3 : a judge or judges acting in official capacity [an issue to be decided by the ] [the may neither preside at nor attend the meeting of creditors "J. H. Williamson"] 4 usu cap : a legislative body [the General Court of Massachusetts] 5 : a body (as the International Court of Justice) exercising judicial powers over its members or the memb...
judicial act
judicial act : an act deriving from the normal exercise of judicial power within the proper jurisdiction used as a criterion for absolute judicial immunity ...
separation of powers
separation of powers 1 : the constitutional allocation of the legislative, executive, and judicial powers among the three branches of government 2 : the doctrine under which the legislative, executive, and judicial branches of government are not to infringe upon each other's constitutionally vested powers see also nondelegation doctrine ...
magistrate
magistrate [Latin magistratus magistracy, magistrate, from magistr- magister master, political superior] 1 : a civil or judicial official vested with limited judicial powers [a family support ] [a traffic ] 2 a : a municipal, state, or federal judicial officer commonly authorized to issue warrants, hear minor cases, and conduct preliminary or pretrial hearings called also magistrate judge b : an official (as a judge) authorized to perform the role or function of a magistrate [ means an officer having power to issue a warrant for the arrest of a person charged with a public offense "Arizona Revised Statutes"] ...
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