Jurisprudence - Law Dictionary Search Results
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Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Cadre
Cadre, In service jurisprudence, the term 'cadre' has a definite legal connotation. In the legal sense, the word 'cadre' is not synonymous with 'service'. Fundamental Rule 9(4) defines the word 'cadre' to mean the strength of a service or part of a service sanctioned as a separate unit, Chakradhar Paswan v. State of Bihar, (1988) 2 SCC 214: AIR 1988 SC 959: (1988) 3 SCR 180 [F.R. 9(4)].Includes both permanent and temporary posts, G.R. Luthra v. Lt. Governor, Delhi, (1975) 1 SCR 974: AIR 1974 SC 1908: (1975) 3 SCC 258. [Delhi Higher Judicial Service Rules, 1970, R. 6 (3)]In the service jurisprudence the expression 'cadre' means the unit of strength of a service or a part of it as determined by the employer, State of Maharashtra v. Purshottam, (1996) 9 SCC 266 (269).Cadre, would ordinarily mean the strength of a service or a part of the service so determined by the Government constituting the post therein, Shiv Dutt Judiya v. Ganga Divi, (2002) 3 SCC 182....
Promotion
Promotion, as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class, Dr. Meera Massey v. Dr. S.R. Mehrotra, (1998) 3 SCC 88.Means advancement or preferment in honour, dignity, rank or grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade, State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour. Opting to come to a lower pay scale or to a lower post cannot be considered a promotion, it...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
Voluntary winding up and winding up by the court
Voluntary winding up and winding up by the court, the expressions 'voluntary winding up' and 'winding up by the Court' have acquired a technical meaning in our Company and Insurance jurisprudence. Like the Co-operative Society Laws, the Companies Act and the Insurance Act also make a distinction between the cessation of business by a company and its voluntary winding up or winding up by an order of the Court. There is nothing unequivocal in s. 15(a) of the Act to show that Parliament intended to depart from the technical meaning of 'voluntary winding up' and 'winding up by the Court' and to bid a good-bye to the distinction in our Company and Insurance jurisprudence between mere cessation of business by a company and its voluntary winding up or winding up by an order of the Court. The phrase 'voluntarily wound up' in the first limb would mean the voluntary winding up of an insurance public company in accordance with s. 54 of the Insurance Act, The Neptune Assurance Co. Ltd.v. Union of ...
Planning
Planning, as that term is used in connection with community development is a generic term, rather than a word of art, and has no fixed meaning. Broadly speaking, however, the term connotes the systematic development of a community or an area with particular reference to the location, character, and extent of streets, squares, and parks, and to kindred mapping and charting, American Jurisprudence, 2nd (Vol. 82, at p. 388).Planning, connotes a systematic development contrived to promote the common interest in matters, embraced within the police power, with particular reference to the localities, character, and extent of streets, squares, parks, and to kindred mapping and charting, Manaklal Chottebai v. M.G. Makwana, (1968) 1 SCJ 379.Laws dealing with development planning are indis-pensable to sanitation and healthy urbanization. Development planning comprehensively takes care of statutory, manual, administrative and land-use laws hand in hand with architectural creativity. In the words o...
jurisprude
jurisprude [back-formation (influenced by prude) from jurisprudence] : an individual who makes ostentatious show of learning in jurisprudence and the philosophy of law or who regards legal doctrine with undue solemnity or veneration [philosophers and s might long and profoundly debate the question of which was the greater right and which was the lesser "Howell v. State, 425 A.2d 1361 (1981)"] ...
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...
Ownership
Ownership, does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional powers of those who use it, Marsh v. Alabama, 326 US 501, 506: 66 S Ct 276, 278 (1946) (Black, J.).Means the collection of rights following one to use and enjoy property. Including the right to convey it to possess a thing, regardless of any actual or constructive control. Ownership rights are general, permanent and inheritable, Black's Law Dictionary, 7th Edn., p. 1131.Means to possess, to have or hold as property, State of Uttar Pradesh v. Renusagar Power Co., (1998) 4 SCC 59: AIR 1988 SC 1737.The ownership has been defined as 'collection of rights to use and enjoy property, including right to transmit it to others. Ownership is de jure recognition of a claim to certain property. Possession is the objective realisation ownership. It is the de facto exercise of a ...
Owner
Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...
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