Reserved Powers - Law Dictionary Search Results
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power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
reservation
reservation 1 : the act or an instance of reserving [ of rights] 2 : the creation by and for a grantor of a new right or interest (as an easement) in real property granted to another ;also : the right or interest so created or the clause creating it in a deed compare exception 3 a : public land reserved for a special purpose (as conservation) b : a tract of land reserved for use by an American Indian tribe see also Indian Removal Act of 1830 in the Important Laws section compare Indian title at title NOTE: The federal government has jurisdiction over certain serious felonies committed on American Indian reservations, and a member of a tribe is vested with the rights of an American citizen even if in a tribal court proceeding. Prior to the Indian Civil Rights Act of 1968, states could obtain civil and criminal jurisdiction over a reservation or other American Indian lands by legislative action, but that Act created the requirement that such jurisdiction be acquired with the cons...
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...
reserve
reserve re·served re·serv·ing : to keep back or set apart: as a : to keep (a right, power, or interest) esp. by express declaration [all rights reserved] compare waive b : to defer a determination of (a question of law) [the justices reserved the question because it was not an issue in the case] n 1 : something stored or kept available for future use [an energy company with various unproven oil s] 2 : an act of reserving 3 : money kept in a separate account to meet future liabilities legal reserve : the minimum amount as determined by government standards of the deposits held by a bank or of the assets of a life insurance company required by law to be kept as reserves loss reserve 1 : a reserve allocated by a bank for the purpose of absorbing losses [a loan loss reserve] 2 : an insurance company's reserve representing the discounted value of future payments to be made on losses which may have already occurred policy reserve : an insurance company's reserve r...
Reserve Forces
Reserve Forces. 1. Army.--The (English) Reserve Forces Act, 1882 (45 & 46 Vict. c. 48), repealing and consolidating the prior Acts on the subject, established an 'Army Reserve' and a 'Militia Reserve.' The 'Army Reserve' consists of time-expired regular soldiers who are on its strength by reason of the terms of their enlistment or by re-engagement. As to the present character of the Militia, see that title. The Reserve is further strengthened by the Territorial Army Reserve, consisting of a reserve division, and also by a body composed of owners of motor cars who are liable to military service in an emergency, and the Act has been applied to an Air Force Reserve and Auxiliary Air Force Reserve under 7 & 8 Geo. 5, c. 51, and 14 & 15 Geo. 5, c. 15, and S.R. & O. 1924 (Nos. 1212 and 1213) and 1934 (No. 592). By 11 & 12 Geo. 5, c. 37, the 'Territorial Force' which was provided for in the Territorial and Reserve Forces Act, 1907 (7 Edw. 7, c. 9), became the 'Territorial Army,' and the speci...
Crown cases reserved
Crown cases reserved. Questions of law at criminal trials (except in the case of demurrers and writs of error) might be referred for decision to the 'Court for the Consideration of Crown Cases reserved,' sitting under the authority of the Crown Cases Act,1848 (11 & 12 Vict. c. 78), provided the judge who tried the prisoner consented to state a case, though if he refused no court had power to compel him to do so.The jurisdiction given by the Act of 1848 (English) is now transferred to the Court of Criminal Appeal byvirtue of s. 20 of the Criminal Appeal Act,1907 (7 Edw. 7, c. 23), which s. also preserves to some extent the procedure under the Crown Cses Act. The judgment of such court infinaland without appeal, unless a certificate of the Attorney General is obtained under s. 1(6) of the Criminal Appeal Act, 1907. The (English) Judicature Act, 1925, s. 31 (1) (a) has a saving for appeal under the Act of 1907. See R. v. Ball, 1911 AC 47; and (English) CRIMINAL APPEAL ACT, 1907....
Reserving points of law
Reserving points of law. It was long the practice for a judge at the assizes to reserve points of law for consideration by the full Court (for which he was sitting as Commissioner) at Westminster, and this practice, recognised by s. 34 of the Common Law Procedure Act, 1854, which conferred a right of appeal, was kept up by s. 46 of the Judicature Act, 1873, and R.S.C. Ord. XXXVI., r. 22, of the Rules of 1875. But s. 17 of the Appellate Jurisdiction Act, 1876, and R.S.C. Ord. XXXVI., r. 22A (now rescinded), substituted for this procedure the argument of the point on 'further consideration' before the judge himself, and now by R.S.C. Ord. XXXVI., r. 39, the judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary.As to the reserving points of law at sessions or assizes, see Crown Cases Act, 1848; Judicature Act, 1873, s. 47 [see now Jud. Act, 1925, s. 31 (1) (a)], and Judicature Act, 1875, s. 19 [see now (English...
Appointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
Reserve
Reserve, the term 'reserve' is not defined in the Act. The dictionary meaning of the word 'Reserve' is: To keep for future use or enjoyment; to store up for some time or occasion; to refrain from using or enjoying at once. To keep back or hold over to a later time or place or for further treatment. To set apart for some purpose or with some end in view; to keep for some use. To retain or preserve for certain purposes.' (Oxford Dictionary). In Webster's New International Dictionary, Second Edition, page 2118, 'Reserve' is defined as follows:To keep in store for future or special use; to keep in reserve; to retain, to keep, as for oneself. To keep back; to retain or hold over to a future time or place. To preserve, Commissioner of Income Tax v. Century Spinning and Manufacturing Co., AIR 1953 SC 501: (1954) SCR 203.(ii) As to what the word 'Reserves' as used in the Business Profits Tax Act connotes, was considered by this Court in Commissioner of Income-tax v. Century Spinning & Manufact...
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