Ministerial - Law Dictionary Search Results
Home Dictionary Name: ministerialMinisterial act
Ministerial act, a ministerial act, may be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act done. In ministerial duty nothing is left to discretion; it is a simple, definite duty, Jamal Uddin Ahmed v. Abu Saleh Najmuddin, AIR 2003 SC 1917 (1924): (2003) 4 SCC 257....
ministerial
ministerial 1 : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office 2 : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to legal and esp. statutory mandate without exercise of personal judgment or discretion see also mandamus compare discretionary ...
Head of department
Head of department, Head of Department for Financial Code and for service rules are not terms of co-extensive connotation and they have different, meaning in different context for purposes of r. 3(2) of the A.P. Ministerial Service Rules, 1961, Dy. Chief Accounts Officer would be the Head of the Department, V.S. Murty v. Deputy Chief Accounts Officer, AIR 1983 SC 403 (407): (1983) 2 SCC 115: (1983) 2 SCR 404. [Andhra Pradesh Ministerial Service Rules, 1961, R. 3(2)]Head of Department, means as defined in Bihar Service Code (The Bihar Water Resources Depart-ment Mufassil Cadre Maintenance Act, 1998)...
Judicial Act
Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial a...
Reeve
Reeve [fr. gerefa, Sax.], a steward or bailiff. See DYKE-REEVE; FIELD-REEVE.A ministerial officer of high rank having local jurisdiction, the chief magistrate of a hundred, Black's Law Dictionary, 7th Edn., p. 1284.Reeve, means a ministerial officer of high rank having local jurisdiction; the Chief Magistrate of a hundred. The reeve executed process, kept the peace and enforced the law by holding court within the hundred. - 'All the freeholders, unless relieved by special exemption 'owed suit' at the hundred-moot and the reeve of the hundred presided over it. In Anglo-Saxon times, the reeve was an indepen-dent official, and the hundred-moot was not a preliminary stage to the shire-moot at all.....But after the conquest the hundred assembly, now called a court as all the others were, lost its importance very quickly. Pleas of land were taken from it, and its criminal jurisdiction limited to one of holding suspects in temporary detention. The reeve of the hundred became the deputy of the...
Lord Lyon King-of-Arms
Lord Lyon King-of-Arms, the principal Officr of Arms in Scotland. His duties are both ministerial and judicial, and include control of all arms, badges, and signs armorial, the execution of royal proclamations, the appointment and control of messengers-at-arms, the granting of certificates in connection with changes of names, etc. under him are three heralds, and three Pursuivants....
Delegatus non potest delegare
Delegatus non potest delegare. (A delegate cannot delegate.)The person to whom an office or a duty is delegated cannot lawfully devolve the duty upon another, unless he be expressly authorized so to do, See Huth v. Clarke, (1890) 25 QBD 391. It is a cardinal rule in the law of trusts that a trustee cannot delegate his office or discretions for the exercise of which he was appointed trustee as distinguished from acts and discretions done or exercised in an executive or ministerial capacity for him where delegation was justified or necessary, see Speight v. Gaunt, (1883) 9 AC 1; wide powers of delegation have been conferred on trustees by the (English) Trustee Act, 1925, s. 23, and (English) Law of Property Act, 1925, s. 29; Administration of Estates Act, 1925, s. 39, and see the (English) Execution of Trusts (War Facilities) Acts, 1914 and 1915, and TRUSTEES....
Diploma
Diploma [fr. diplow, Gk., to fold double, consisting of two leaves], a royal charter or prince's letters-patent. An instrument given by colleges and societies, on commencement of any degrees. A license for a clergyman to exercise the ministerial function, or a physician, etc., to practise his art....
Discretion
Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
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