Railway Administration - Law Dictionary Search Results
Home Dictionary Name: railway administration Page: 2Except as provided in this Act
Except as provided in this Act, the opening words 'Except as provided in this Act' limit the operation of the bar. It can reasonably be interpreted to mean that the bar of a suit is limited to matters in respect whereof the Act has provided a remedy. So construed before we apply the provisions of s. 26 of the Act, two conditions shall be complied with, namely, (I) the Railway administration shall have done an act or omitted to do an act in contravention of the provisions of Ch. V and (ii) the Act has provided a remedy in respect of that act or omission, Raichand Amulakh Shah v. Union of India, AIR 1964 SC 1268 (1270): (1964) 5 SCR 148. (C.P.C. 1908, s. 9; Railways Act, 1890, s. 26)...
Luggage
Luggage, means the goods of a passenger either carried by him in his charge or entrusted to a railway administration for carriage. [Railways Act, 1989 (24 of 1989), s. 2 (23)...
Lump sum rate
Lump sum rate, means the rate mutually agreed upon between a railway administration and a consignor for the carriage of goods and for any service in relation to such carriage. [Railways Act, 1989 (24 of 1989), s. 2 (24)]...
Nominated authority
Nominated authority, means an officer not below the rank of Station Officer nominated by the Chief Fire Officer, and includes an officer nominated by a local authority or a railway administration as a nominated authority for the purposes of this Act. [Delhi Fire Prevention and Fire Safety Act, 1986 (56 of 1986), s. 2(i)] [s. 2(i), Additional Emoluments (Compulsory Deposit) Act]...
Parcel
Parcel, the legal term for a part of land, defined for the purposes of a search under the (English) Land Charges Act, 1925, by Rule 16 of the (English) Local Land Charges Rules, 1927, S.R. & O., 1927, No. 869 L. 33, as land or buildings in separate occupation or separately rated at the time of search (see the Rules).Means goods entrusted to a railway administration for carriage by a passenger or a parcel train. [Railways Act, 1989 (24 of 1989), s. 2 (27) ]...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Audit
Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...
London
London, the metropolis of England. for a short account of early London, see 3 Hallam, Mid. Ages, p. 219.The 'city' of London, which is not subject to the Municipal Corporations Act, contains only 671 acres and is divided into twenty-six wards, over each of which there is an alderman, and is governed by a lord mayor, who is chosen yearly. As to the customs of the city, see Pulling's Customs of London, p. 5 et seq.The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict. c. 94.The administrative 'county' of London was established by the Local Government Act, 1888, s. 40, and consists of the city of London and the various metropolitan parishes in the counties of Middlesex, Surrey, and Kent, which prior to that Act were subject to the jurisdiction of the Metropolitan Board of Works, constituted by the (English) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the powers of which board are transferred to the London County Council, the number o...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
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