Legislative Court - Law Dictionary Search Results
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legislative court : a court (as the United States Tax Court and the territorial courts) created by Congress under Article I of the U.S. Constitution whose judges are subject to removal from office and salary reduction called also Article I court compare article iii court ...
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...
legislative intent
legislative intent : the ends sought to be achieved by a legislature in an enactment NOTE: Courts often look to legislative intent for guidance in interpreting and applying a law. The legislative history, the language of the law, and the wrong to be corrected may provide indications of the legislative intent. ...
Article III court
Article III court : a court created in accordance with Article III of the U.S. Constitution whose judges have positions for life and cannot have their salaries reduced compare legislative court NOTE: The purpose of the salary and position guarantees enjoyed by the judges of Article III courts is to ensure that their decisions are not influenced by fear of losing their positions or salaries. ...
constitutional court
constitutional court : a court established by a constitution ;esp : the federal courts established by Article III of the U.S. Constitution compare legislative court ...
Article I court
Article I court : legislative court ...
Judicial review
Judicial review, is not only concerned with the merits of the decision but also of the decision-making process. It intends to protect the individual against the misuse or abuse of the power by a wide range of authorities. Judicial review is a protection to the individual and not at weapon, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (738).Means to look again main object of granting a review of judgment in reconsideration of the same matter by the same judge under certain conditions (CPC, 1908, s. 114)Judicial Review, is the power of the court to review statutes or administrative acts and determine their constitutionality. The examination of Federal and State Legislative Statutes and the acts of executive officials by the courts to determine their validity according to written Constitution, Dictionary of Political Science, Joseph Dunner, 1965, p. 285.In England the judiciary has no power to review the laws made by Parliament, Limited Government and Judicial Review, D.D. Basu, p. 2...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
equal protection
equal protection : a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
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