Ruling - Law Dictionary Search Results
Home Dictionary Name: ruling Page: 5Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
hearsay rule
hearsay rule : a rule barring the admission of hearsay as evidence NOTE: The hearsay rule is stated in Rule 802 of the Federal Rules of Evidence. Hearsay is inadmissible as evidence because of the unavailability of cross-examination to test the accuracy of the statement. There are numerous exceptions to the rule, however, mainly for statements made under circumstances that assure reliability. Statements made spontaneously, for example, or as part of a business or medical record are inherently trustworthy and thus excepted from the rule. A statement need not be made orally for purposes of the hearsay rule. Written statements, gestures, and even motion pictures are included. ...
Best evidence rule
Best evidence rule, is rule of evidence in order to prove what is said or pictured in a writing, recording, or photograph the original must be privileged unless the original is lost, destroyed, or otherwise, unobtainable, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Best evidence rule, is the rule when the judges and sages of the law have laid down that there is but one general rule of evidence, the best that the nature of the case will allow, Omychnd v. Barker, (1745) 1 Atk 21.Best evidence rule, means the rule requires in effect that the best or most direct evidence of a fact should be adduced or its absence accounted e.g. the best evidence of the existence of the contents of a letter i.e. its production in court. The rule no longer applies as the court admits all relevant evidence, Kajaal v. Nable, (1982) 75 Cr App 149....
interpretive rule
interpretive rule : a rule issued by an administrative agency that only clarifies or explains existing laws or regulations called also interpretative rule compare legislative rule NOTE: An interpretive rule does not have to meet the requirements set out in the Administrative Procedure Act for notice to the public and opportunity for comment that apply to legislative rules. An interpretive rule does not have the force of law. ...
per se rule
per se rule 1 : a generalized rule applied without consideration for specific circumstances [would go even further and apply a per se rule of invalidity to affirmative action programs "Alan Freeman"] called also flat rule 2 : a rule that considers a particular restraint of trade to be manifestly contrary to competition and so does not require an inquiry into precise harm or purpose for an instance of it to be declared illegal [applied the per se rule to price-fixing by public utilities] compare rule of reason ...
Rule 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...
Rules
Rules, Means the rules made under this Act, The Gujarat Special Economic Zone Act, 2004, s. 2(m).Means the rules made under this Act, The Gujarat Value Added Tax Act, 2003, s. 2(22).Means the rules made under this Act, The Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(s).Means the rules made under this Act, The Maharashtra Value Added Tax Act, 2002, s. 2(23).Means the rules made under this Act, The West Bengal Value Added Tax Act, 2003, s. 2(37)....
rule of decision
rule of decision :something (as a law, rule of law, body of law, or prior decision) that governs a decision or adjudication [a claim or defense as to which State law supplies the rule of decision "Federal Rules of Evidence Rule 302"] ...
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....
Rules of procedure
Rules of procedure, in British Parliament, the greater part of the rules are unwritten, to be collected from the journals or reports of debates, or to be ascertained from personal experience; the written part constitutes a very small portion of the corpus of rules, this consists of standing order. Standing Orders can be amended, repealed or suspended, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 485.Rules of procedure, rules which regulate procedure, debate and the conduct of members in a legislature, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 723....
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