Ministerial Act - Law Dictionary Search Results
Home Dictionary Name: ministerial actMinisterial 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....
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...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto [Lat.], A judicial act done in excess of authority is not binding; otherwise as to a ministerial act....
discretionary
discretionary : left to discretion : exercised at one's own discretion ;specif : relating to the policy-making function of a public official see also Federal Tort Claims Act in the Important Laws section compare ministerial NOTE: A public official generally has qualified immunity from lawsuits that arise from his or her discretionary acts. ...
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 ...
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....
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)...
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