Resigned - Law Dictionary Search Results
Home Dictionary Name: resignedResignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Voluntary retirement and resignation
Voluntary retirement and resignation, in service jurisprudence there is a difference between 'voluntary retirement' and 'resignation' as they convey different connotations. It has been held that voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service and though both involve voluntary acts, they operate differently. One of the basic distinctions between the two is that is that in the case of resignation, it can be tendered at any time but in the case of voluntary retirement, it can only be sought for after rendering prescribed period of qualifying service. In the case of resignation, a prior permission is not mandatory while in the case of voluntary retirement, permission of the employer concerned is a requisite condition, Jaipal Singh v. Sumitra Mahajan, (2004) 4 SCC 522 (527); see also (2004) 9 SCC 461....
Procuratory of resignation
Procuratory of resignation, a proceeding in the law of Scotland, by which a vassal authorises the fee to be returned to his superior, either to remain the property of the superior, in which case it is said to be a resignation ad emanentiam, or for the purpose of the superior's giving out the fee to a new vassal or to the former vassal and a new series of heirs, which is termed a resignation in favorem. It is somewhat analogous to the surrender of copyholds in England. See Bell's Scots Law Dict....
Resignation and voluntary retirement
Resignation and voluntary retirement, one of the basic distinctions between the two is that in the case of resignation, it can be tendered at any time but in the case of voluntary retirement, it can only be sought for after rendering prescribed period of qualifying service. In the case of resignation, a prior permission is not mandatory while in the case of voluntary retirement, permission of the employer concerned is a requisite condition, Jaipal Singh v. Sumitra Mahajan, (2004) 4 SCC 522 (528)....
Resignation
The act of resigning or giving up as a claim possession office or the like surrender as the resignation of a crown or commission...
Resignation and retirement
Resignation and retirement, the words 'resigna-tion' and 'retirement' carry different meanings in common parlance. An employee can resign at any point of time, even on the second day of his appointment but in the case of retirement he retires only after attaining the age of superannuation or in the case of voluntary retirement on completion of qualifying service, UCO Bank v. Sanwar Mal, (2004) 3 SCC 412 (419)...
Resigner
One who resigns...
Resignment
The act of resigning...
Abdication
Abdication, where a magistrate or person in office voluntarily renounces or gives it up. It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands 'as an inferior into the hands of a superior. On King James II.'s leaving this kingdom, and abdicating the crown, the Lords would have had the word 'desertion' made use of, but the Commons thought it was not comprehensive enough, for that the king might then have liberty of returning, and the Lords ultimately gave way: see Macaulay's Hist. of Eng., ch. X. Involuntary resignations are also termed abdications, as Napoleon's abdication at Fontainebleau. See 1 Edw. 8, c. 4.Is the act of renouncing or abandoning privileges or duties, esp. those connected with high office, Black Law Dictionary, 7th Edn., p. 3....
Voluntarily given up his membership
Voluntarily given up his membership, the words 'voluntarily given up his membership' are not synonymous with 'resignation' and have a wider connotation. A person may voluntarily give up his membership of a political party even though he has not tendered his resignation from the membership of that party. Even in the absence of a formal resignation from membership an inference can be drawn form the conduct of a member that he was voluntarily given up his membership of the political party to which he belongs, Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641: AIR 1994 SC 1558 (1565). [Constitution of India, Sch. 10, Para 2(1)(a)]...
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