Legislative Day - Law Dictionary Search Results
Home Dictionary Name: legislative daylegislative day
legislative day : a period of time during which a legislature is in session that commences with the opening of a daily session and ends with adjournment and that may last more than one calendar day ...
Day
Day [fr. dies, Lat.; tag, Germ.], in its largest sense the time of a whole apparent revolution of the sun round the earth, but , in its popular acceptation, that part of the twenty-four hours when it is light, or the space of time between the rising and the setting of the sun. by the Roman Calendar the day commenced at midnight; and most European nations reckon in the same manner.In the space of a day all the twenty-four hours are usually reckoned. Therefore, in general, if I am bound to pay money on any certain day, I discharge the obligation if I pay it before twelve o'clock at night; after which the following day commences.If anything is to be done within a certain time, of, from, or after the doing or occurrence of something else, the day on which the first act or occurrence takes place is to be excluded from the computation, Williams v. Burgess, (1840) 12 A&E 635. In certain legislative and justiciary acts, e.g., the proceedings of the House of Lords as recorded in the Journals of...
Delegated legislation
Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.The Parliament lays down the principles of law an...
Colourable legislation
Colourable legislation, the doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power. The idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretense or disguise, K.C. Gajapathi Narayan Deo v. State, (1954) SCR 1: AIR 1953 SC 375. See also Gullapalli Nageswara Rao v. Andh...
Legislation
Legislation, a legislation, it is trite, is not confined to a statute enacted by Parliament or the legislature of a State, which would include delegated legislation and subordinate legislation or an executive order made by the Union of India, State or any other statutory authority. In a case where the field is not covered by any statutory rule, executive instructions issued in this behalf shall also come within the purview thereof. Situs of office of Parliament, legislature of a State or authorities empowered to make subordinate legislation would not by itself constitute any cause of action or cases arising. In other words, framing of a statute, statutory rule or issue of an executive order or instruction would not confer jurisdiction upon a court only because of the situs of the office of the market thereof, Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254 (263).--the making of law; any set of statutes.The distinction between a 'legislative' act and a 'judicial' act is w...
Days of grace
Days of grace. Time of indulgence granted to an acceptor for the payment of his bill of exchange. It was originally a gratuitous favour (hence the name), but custom has rendered it a legal right.The number of these days varies according to the ancient custom or express law prevailing in each particular country. In the (English) United Kingdom, by the Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 14, 'where a bill' (i.e., a bill of exchange or promissory note) 'is not payable on demand, the day on which it falls due is determined as follows:-Three days, called days of grace, are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace,' with a proviso that where the last day of grace falls on Sunday, Christmas Day, or Good Friday, or a public fast or thanksgiving day, the bill is payable on the preceding business day, or on the succeeding business day if the last d...
legislation
legislation 1 : the making or giving of laws ;specif : the exercise of the power and function of making rules that have the force of authority by virtue of their promulgation by an official organ of the state 2 : the enactments of a legislator or legislative body 3 : a matter of business for or under consideration by a legislative body [recently proposed ] ...
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. ...
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....
Appointed day
Appointed day. A day fixed by an Act of Parliament for some purpose of the statute; see, e.g., the Local Government Act, 1894, s. 84; Merchant Shipping Act, 1906, s. 5.In relation to a Tribunal or an Appellate Tribunal, means the date on which such Tribunal is established under sub-s. (1) of s. 3 or, as the case maybe, sub-s. (1) of s. 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (13 of 1985), s. 2 (c)]In relation to a Tribunal, means the date with effect from which it is established, by notification, under s. 4. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (c)]In relation to any provision of this Act, means the day on which that provision comes into force. [Advocates Act, 1961 (25 of 1961), s. 2 (b)]Means the date on which the Corporation is established under s. 3. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2 (1)]Means the date on which these rules shall come into force. [Supreme Court Rules, 1966, s. 2 (1) (c)]Means the day following i...
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