Purporting To Act - Law Dictionary Search Results
Home Dictionary Name: purporting to actPurporting to act
Purporting to act, protects against a claim not only based on breach of a statutory duty but alsobased on omission to perform a statutory duty, Commissioners for the Port of Calcutta v. Abdul Rahim Oosman & Co., (1964) 68 Cal WN 814....
Official act
Official act, the expression 'Official act' means an act by a person while acting or purporting to act in discharge of his official duties, AIR 1967 Punj 51 (52). [Criminal PC, 1898, s. 197(1)]...
Purport
Purport, has many shades of meanings. It means fictitious, what appears on the face of the instrument, the apparent and not the legal import and, therefore, any act which purports to be done within that power notwithstanding that the power is not exercisable ... ..... Purporting is, therefore, indicative of what appears on the face of it or is apparent even though in law it may not be so, Azimunnissa v. Dy. Custodian, AIR 1961 SC 365.Means outward appearance, guise, as conveying an impression etc., Travancore Devaswan Board v. Krishnan, (1980) Ker LT 787.The word 'purport' has many shades of meaning. It means fictitious, what appears on the face of the instrument; the apparent and not the legal import and therefore any act which purports to be done in exercise of a power is to be deemed to be done within that power notwithstanding that the power is not exercisable, Dicker v. Angerstein, 3 Ch D 600 (603). Purporting is therefore give of what appears on the face of it or is apparent even...
Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
Purporting to be done
Purporting to be done, connotes that the act was such as could ordinarily be done by the person in the ordinary course of his official duty, and the person doing it reasonably considered himself to be doing it, within his capacity as such, Shyam Manohar v. Fourth Additional District and Sessions Judge, AIR 1978 All 238.Purporting to be done, under the Act will not include an act which is wholly outside the provisions of the Act and thus, ultra vires, Municipal Committee v. Meghraj, AIR 1966 MP 104....
Purporting or professing to be done
Purporting or professing to be done, means an expression 'purporting or professing to be done' in s. 142, Calcutta Port Act, cannot be interpreted to exclude acts, which are either improper or even male fide. Even if in the discharge of the statutory duties, any loss of goods occurs, whether by a mala fide act on the part of someone or other serving under the administration or otherwise that by itself would not take the case out of the provisions of the section, Basanta Lal v. Commissioner for the Port of Calcutta, 1951 Cal 466....
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Ratification
Ratification, confirmation. 'A contract of agency may also be created by ratification. Where A. purports to act as agent for B., either having no authority at all or having no authority to do that particular act, the subsequent adoption by B. of A.'s act has the same legal consequences as if B. had originallyauthorised the act. But there can be no ratification unless A purported to act as agent, and to act for B.; and in such a case B alone can ratify. Nor can there be any binding ratification of any agreement which was originally void' (Odgers on the Common Law), or where the principal was not in existence at the time of the act, either in fact or in the contemplation of law as in the case of persons such as trustees in bankruptcy or personal repre-sentatives who acquire title by relation, Kelner v. Baxter, LR 2 CP 174; and see also NOTICE TO QUIT. Omnis ratihabitio retrotrahitur et mandato 'quiparatur (Co. Litt. 207 a). As to the ratification of contracts by infants, see the Infants ...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Decision or order passed by an Officer of Customs under this Act
Decision or order passed by an Officer of Customs under this Act, The words 'decision or order passed by an Officer of Customs under this Act' used in S. 188 of the Sea Customs Act must mean a real and not a purported determination. A deter-mination, which takes into consideration factors which the officer has no right to take into account is no determination. This is also the view taken by courts in England. In such cases the provision excluding jurisdiction of Civil Courts cannot operate so as to exclude an inquiry by them, Union of India v. Tarachand Gupta and Bros., (1971) 1 SCC 486: AIR 1971 SC 1558: (1971) 3 SCR 557....
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