Official Immunity - Law Dictionary Search Results

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official immunity

official immunity see immunity ...

Malice exception, A limitation on a public official's qualified immunity, by which the official can face Civil liability for wilfully exercising discretion in a way that violates a known or well-established right, Black's Law Dictionary, 7th Edn., p. 969....

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. ...

Immunity

Immunity, exemption, not likely to be affected.Immunity in short is no liability. It is an immunity from the legal power of some other person. The correlative of immunity is disability, Shanti Kumar R Chanji v. House Insurance Co. Ltd., AIR 1974 SC 1719 (1722).Immunity, is -- 'freedom or exemption from penality, burden or duty'. Immunity from prosecution under section 64 mean freedom from punishment during a proceeding instituted and carried on by law, Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 64]Means any exemption from a duty, liability, or service of process, esp., such an exemption granted to a public official, Black's Law Dictionary, 7th Edn., p. 752.Is an exemption or freedom from general obligation, duty, burden or penalty, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184....

Act of State

Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...

privilege

privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...

Financial Institution

Financial Institution, means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in s. 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf. [Income Tax Act, 1961 (43 of 1961), s. 80E(3)(b)]Means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956;(ii) such other institution as the Central Government may, having regard to its business activity and the area of its operation in India by notification, specify. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2 (h)]Financial institution means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956 (1 of 1956);(ii) any institution specified by the Central Govern-ment under sub-clause (ii) of clause (h) of s. 2 of the Recovery of Debts Due to Banks and Fina...

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