Misapplication - Law Dictionary Search Results
Home Dictionary Name: misapplicationMisuse of power or misapplication of power
Misuse of power or misapplication of power, 'Misuse of power' or 'mis- application of power' or a 'detournement de puvoir' (as it is called in French Administrative Law), are terms correctly employed to describe the use of a power in this illegal fashion. The exercise of every power, whatever its nature, lodged in Government authorities, is controlled by the need to confine it to the ambit within which it could justly and reasonably be expected to take place. A power used under the mis-apprehension that it was needed for effectuating a purpose, which was really outside the law or the proper scope of the power, could be said to be an exercise for an extraneous or collateral purpose, State of Mysore v. P.R. Kulkarni, AIR 1972 SC 2170: (1973) 3 SCC 597.Misuser, abuse of any liberty or benefit which works a forfeiture of it....
Devastavit
Waste or misapplication of the assets of a deceased person by an executor or an administrator...
Misapplication
A wrong application...
Commissin of charitable uses
Commissin of charitable uses, issued out of Chancery to the bishop and others to inquire into misapplication of lands given to charitable uses, 43 Eliz. c. 4. See CHARITABLE USES....
Devastavit
Devastavit (he has wasted), a devastation or waste of the property of the deceased person by an executor or administrator by extravagance or misapplication of the assets, for which he is liable. 'A devastavit or waste in an executor or administrator is when he doth misemploy the estate of the deceased, and misdemean himself in the managing thereof, against the trust reposed in him': Shep. Touch. P. 485. An action founded on a devastavit will be barred after six years by the Statute of Limitations, Lacons v. Wormall, (1907) 2 KB 350; Re Blow, (1914) 1 Ch 233, and s. 8(3) of the Trustee Act, 1888 (51 & 52 Vict. c. 59).A writ lying against an executor for devastation: the offence of devastation.Devastavit, a personal representative in accepting the office accepts the duties of the office, and becomes a trustee in the sense that he is personally liable in equity for all breaches of the ordinary trusts which in courts of equity are considered to arise from his office. The violation of his d...
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