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Public Authorities - Law Dictionary Search Results

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Compensation

Compensation, according to dictionary it means, 'compensating or being compensated; thing given as recompense;'. In legal sense it may constitute actual loss or expected loss and may extend to physical mental or even emotional suffering, insult or injury or loss, Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65 (75): AIR 2004 SC 2141.--Making things equivalent, satisfying or making amends, a reward for the apprehension of criminals; also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected for public purposes and under Act of Parliament, e.g., the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but where the land is acquired compulsorily by a Government Department or any local or Public Authority the compensation is regulated by the (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) and Rules of 1919, and see Housing Act, 1936, ss. 40 and 42 and Schedules, ...


Consumer

Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...


Fee

Fee [fr. feoh, Sax.; fee, Dan., cattle; feudum, Med. Lat.; feu, Scot.], property peculiar; reward or recom-pense for services. See FEES. Also an estate of inheritance divided into there species: (1) fee-simple absolute; (2) qualified or conditional or base fee, including (3) fee-tail, formerly fee-conditional. By the (English) Law of Properties Act, 1925, s. 1, a fee-simple absolute in possession and a term of years absolute are the only estates in land capable of being conveyed or created at law. All other estates in land take effect as equitable interests [ibid., s. 1 (4)]. See FEE-SIMPLE.A charge for labour or services esp. professional services; Black's Law Dictionary, 7th Edn., p. 629.A 'fee' is generally defined to be a charge for a special service rendered to individuals by some governmental agency. The distinction between a tax and a fee lies primarily in the fact that a tax is levied as a part of a common burden, while a fee is a payment for a special benefit or privilege, Com...


Power

Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...


Legitimate expectation

Legitimate expectation, However, the more important aspect is whether the decision-maker can sustain the change in policy by resort to wednesbury principles of rationality or whether the court can go into the question whether the decision-maker has properly balanced the legitimate expectation as against the need for a change, Punjab Communications Ltd. v. Union of India, (1999) 4 SCC 727.Legitimate expectation, is a latest recruit to a long list of concepts fashioned by the courts for review of administrative actions, Confederation of Ex-Servicemen Assns. v. Union of India, (2006) 8 SCC 399.It is still at a stage of evolution. The principle is at the root of the rule of law and requires regularity, predictability and certainty in the Government's dealings with the public. The procedural part of it relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made.Means the expectations may be based on some statement or undertaking by,...


Third party

Third party, means a person other than the citizen making a request for information and includes a public authority. [Right to Information Act, 2005 (22 of 2005), s. 2(n)]Means a person other than the person making a request for information and includes a public authority. [Freedom of Information Act, 2002, s. 2(i)]Means one who is not a party to a lawsuit, agreement, or other transaction but who is somehow involved in the transaction, someone other than the principal parties, Black's Law Dictionary, 7th Edn., p. 1489.The phrase used to introduce any one into a scene already occupied by two in a definite relation to one another, as principal and agent, guardian and ward, solicitor and client. See AS AGAINST, AS BETWEEN.As to third-party insurance of motor vehicles; by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), s. 35, users of motor vehicles are to be insured against third-party risks. See Part II. of the Road Traffic Act; the (English) Motor Vehicles (Third Party Ris...


Taxation of costs

Taxation of costs. The mode by which certain officers of the various courts allow or disallow the sums claimed by solicitors from their clients, or by the one party in an action from the other. In the High Court taxation is carried out by Taxing Masters who are Masters of the Supreme Court (R.S.C. Ord. LXI., r. 1B), and in county courts by the registrars.As between party and party a taxation of costs is always had, and the costs disallowed cannot be recovered by the successful from the unsuccessful party, but must be paid by such successful party to his solicitor unless they be disallowed as between solicitor and client.Costs as between solicitor and client can be re-covered by a public authority from an unsuccessful defendant by virtue of s. 1 of the Public Authorities Protection Act, 1893; and also in an action for the infringement of a patent by the plaintiff, if in a prior action he has obtained a certificate of the validity of his patent, under s. 35 (as amended) of the Patents an...


axation of costs

axation of costs. The mode by which certain officers of the various courts allow or disallow the sums claimed by solicitors from their clients, or by the one party in an action from the other. In the High Court taxation is carried out by Taxing Masters who are Masters of the Supreme Court (R.S.C. Ord. LXI., r. 1B), and in county courts by the registrars.As between party and party a taxation of costs is always had, and the costs disallowed cannot be recovered by the successful from the unsuccessful party, but must be paid by such successful party to his solicitor unless they be disallowed as between solicitor and client.Costs as between solicitor and client can be re-covered by a public authority from an unsuccessful defendant by virtue of s. 1 of the Public Authorities Protection Act, 1893; and also in an action for the infringement of a patent by the plaintiff, if in a prior action he has obtained a certificate of the validity of his patent, under s. 35 (as amended) of the Patents and...


Freedom of information

Freedom of information, means the right to obtain information from any public authority by means of:(i) inspection, taking of extracts and notes;(ii) certified copies of any records of such public authority;(iii) diskettes, floppies or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. [Freedom of Information Act, 2002 (5 of 2003), s. 2(c)]...


Blighted land

Blighted land, means the land which is identified in ways to which the statutory provisions apply as being affected by the planning proposals of public authorities, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para. 90, p. 75.Means the land which is defined in ways to which the statutory provisions apply as being affected by the planning proposals of public authorities, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 90, p. 75....


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