Rule Making Clause - Law Dictionary Search Results
Home Dictionary Name: rule making clauseRule making clause
Rule making clause, in Indian Parliament, all Bills involving delegation of powers contain a rule-making clause which inter alia provides in the Act that every rule made under the rule-making clause shall be laid before each House of Parliament for its scrutiny and that each House has the power to suggest modification or annulment of a rule, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.The clause in a Bill which delegates the power to the executive to make rules and regulations for administering the various provisions contained in the same, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576...
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Rule
Rule, is made in exercise of a power conferred by any enactment; also includes a regulation made as a rule under any enactment. [General Clauses Act, 1897, s. 3(51)]Rule, made under an Act having statutory force, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.Means an order or directive issued by a court in a particular proceeding especially upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed, People v. District Court, 797 P 2d 1259 (1990).Rule, under clause [51] of s. 3 of the General Clauses Act, 1897 'rule' means a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment, Sukhdev Singh v. BhagatramSardar Singh Raghuvanshi, AIR 1975 SC 1331: (1975) 1 SCC 421: (1975) 3 SCR 619.Rule shall means a rule made in exercise of a power conferred by any enactment and shall include a regulatio...
Rule of procedure
Rule of procedure, each House has the absolute right of interpreting its rules; courts have no power to interfere in the matter of the application of these relating to the internal management of the House, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 122.Rule of procedure, rule making power of British Parliament is absolute, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, Art. 118(1)....
Administrative control rule
Administrative control rule, means the rule making the grantor of a trust liable for tax if the grantor retains control that may be exercised primarily for the grantor's own benefit. IRC (26 USCA) & 675...
Except as otherwise provided in the other clauses of this rule
Except as otherwise provided in the other clauses of this rule, The words 'except as otherwise provided in the other clauses of this rule' appearing in Rule 161 (1)(a) make the general rule of superannuation at the age of 58 years subject to other clauses of that rule. This is to say, the government is empowered to provide for different ages of compulsory retirement for different classes of government servants, N.C. Dalwadi v. State of Gujarat, (1987) 3 SCC 611: AIR 1987 SC 1933: (1987) 3 SCR 640....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial