Procedure - Law Dictionary Search Results
Home Dictionary Name: procedure Page: 6Cabinet
Cabinet, is an inner body within the Council of Ministers which is responsible for formulating the policy of the Government. The Council of Ministers is collectively responsible to Lok Sabha. It is headed by the Prime Minister who determines which of the Ministers should be members of the cabinet. Only cabinet ministers have a right to attend its meetings. Minister of State attend its meetings only on a special invitation. The total number of ministers, including the Prime Minister, in the council of ministers should not exceed fifteen per cent of the total number of members of the House of the People, Practice and Procedure of Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., p. 133 [Arts. 75 and 75A, Constitution of India]In many commonwealth countries, cabinet is modelled on British pattern. In Canada, composition of cabinet is influenced by regional considerations. Australia follows the British practice of including only selected ministers in the cabinet, Practice and Procedure of P...
Video conferencing
Video conferencing, is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you i.e., in your presence. In fact he/she is present before you on a screen. Except for touching one can see, hear and observe as if the party is in the same room. In video conferencing both parties are in presence of each other so long as the accused and/or his pleader are present when evidence is recorded by video conferencing that evidence is being recorded in the 'presence' of the accused and would thus fully meet the requirements of s. 273, Criminal Procedure Code. Recording of such evidence would be as per 'procedure establishment by law', State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601: AIR 2003 SC 2053 (2061). [Criminal Procedure Code, s. 273]...
Secure system
Secure system, means computer hardware, software, and procedure that, (a) are reasonably secure from unauthorised access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions; and (d) adhere to generally accepted security procedure. [Information Technology Act, 2000 (21 of 2000), s. 2(1) (ze)]Secure system, means computer hardware, soft-ware, and procedure that--(a) are reasonably secure from intrusion and misuse,(b) provide a reasonable level of reliability and correct operation,(c) are reasonably suited to performing the intended functions, and(d) adhere to generally accepted security procedures,The Information Technology Act, 2000, s. 2(ze)...
dismissal
dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...
Parliament prorogation
Parliament prorogation, in India, the President has the power to terminate or prorogue a session of Parliament. [Constitution of India, Art. 85(2)]In UK the prorogation is not to a specified date. Pending notices other than notices of intention to move for leave to introduce a Bill shall Lapse on prorogation, Rules on Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 335; Rules of Procedure and Conduct of Business in (Rajya Sabha) Council of States, 5th Edn., 2000, r. 225.The president exercises his power to prorogue the House on the advice of the Prime Minister. Prorogation of the House may take place any time, even while the House is sitting, usually, however, prorogation follows the adjournment of the sitting of the House sin a die, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 183....
Mesne profit
Mesne profit, of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (12)]As defined in s. 2(12) of the Code of Civil Procedure, 1908 are profits which the person in wrongful possession of property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but do not include profits due to improvements made by the person in wrongful possession. The normal measure of mesne profits is the value of the user of land to the person in wrongful possession, Fateh Chand v. Balkishan Dass, AIR 1963 SC 1405 (1413): (1964) 1 SCR 515. [Code of Civil Procedure, 1908, s. 2(12)]...
May
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
Magistrate
Magistrate, means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporaily or otherwise or the respondent resides on the domestic violence is alleged to have taken place. [Protection of Women from Domestic Violence Act, 2005, s. 2(i)]Means: (1) A man publicly vested with authority, a governor, an executor of the laws. (2) A paid justice of the peace. See STIPENDIARY MAGISTRATE; METROPOLITAN POLICE (3) An unpaid justice of the peace. See JUSTICES.The expression 'Magistrate' has been defined to mean a District Magistrate, a Sub-Divisional Magistrate, a Presidency Magistrate or a Magistrate of the first class specially empowered by the State Government, by notification in the Official Gazette, to exercise jurisdiction under this Act, State of U.P. v. Kaushaliya, AIR 1964 SC 416 (420): (1964) 4 SCR 1002.The expressio...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Legal representative
Legal representative, a 'legal representative' ordinarily means a person who in law represents the estate of a deceased person or a person on whom the estate devolves on the death of an individual, Gujarat State Road Transport Corporation v. Ramanbhai Prabhat Bhai, AIR 1987 SC 1690 (1699): (1987) 3 SCC 234: (1987) 3 SCR 404. [Motor Vehicles Act, (4 of 1939), s. 92A]The definition of 'legal representatives' includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased, Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique, AIR 1989 SC 1589 (1591): (1989) Supp 2 SCC 275: (1989) 2 SCR 810.It has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. [Wealth-tax Act, 1957, s. 2 (lb)]It means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased person, and...
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