Power - Law Dictionary Search Results
Home Dictionary Name: power Page: 2Misuse 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....
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....
Court having admiralty jurisdiction
Court having admiralty jurisdiction. The legislature of a British possession may by any Colonial Law Q:-(a) declare any court of unlimited civil jurisdiction whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit. [Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891), s. 3]...
Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Foreign Jurisdiction Acts (English)
Foreign Jurisdiction Acts (English): 6 & 7 Vict. c. 94; 28 & 29 Vict. c. 116; 29 & 30 Vict. c. 87; 38 & 39 Vict. c. 85; and 41 & 42 Vict. C. 67; consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37) (extended by the Foreign Jurisdiction Act, 1913 [3 & 4 Geo. 5, c. 16)], which regulates the exercise by the Crown of the powers and jurisdiction acquired by it (whether by treaty, grant, usage, sufferance, or otherwise) in countries out of the dominions f the British Crown.A decree by a foreign court over a matter outside its jurisdiction has no effect, Lecouturier v. Rey, 1910 AC 262....
Power project
Power project, within the meaning of tariff heading 98.01 must include not only a project that generates electricity but also a project that transmits and distributes electricity, Kerala SEB v. Collector of Customs, (2002) 10 SCC 535 (536). (Customs Tariff Act, 1975 Heading 98.01)Power projects, shall mean such projects whose output or end-product is power, but shall not include captive power plants set up by projects engaged in activities other than power generation, Union of India v. Indian Charge Chrome, (1999) 7 SCC 314....
Summary jurisdiction
Summary jurisdiction. The jurisdiction of a court to give a judgment or make an order itself forthwith, e.g., to commit to prison for contempt, to punish malpractice in a solicitor, or in the case of justices of the peace, a jurisdiction to convict an offender themselves instead of committing him for trial by a jury. The mode of exercising this latter jurisdiction, which is given in particular instances by very numerous particular statutes, is generally regulated by the Summary Jurisdiction Acts, 1848 and 1879. Several amendments have been made in the law by the Criminal Justice Administration Act, 1914, and Criminal Justice Act, 1925; see also HUSBAND AND WIFE. see Chitty's Statutes, tit. 'Justices' and Stone's Justices Manual; and also SESSIONS OF THE PEACE....
Powerful
Full of power capable of producing great effects of any kind potent mighty efficacious intense as a powerful man or beast a powerful engine a powerful argument a powerful light a powerful vessel...
Mala fide exercise of power
Mala fide exercise of power, a right to get rid of the obstruction then and there by binding down the complainants or removing them from the place might be mistaken. Their act was necessarily 'mala fide' and so entirely divorced from or unconnected with the discharge of their duty that it was an independent act maliciously done or perpetrated, Mata Jog Dobey v. H.C. Bhari, AIR 1956 SC 44 (50). [Criminal Procedure Code, 1898, s. 6(9)]A mala fide exercise of power does not necessarily imply any moral turpitude and may only mean that the statutory power is exercised for purposes other than those for which the power was intended by law to be exercised, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1343): (1976) 2 SCC 521: (1976) Supp SCR 172....
Legislative power
Legislative power, power to frame or enact law for the governance of the country by the supreme body exercising the sovereign power is known as legislative power, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (754)....
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