Sanctioned - Law Dictionary Search Results
Home Dictionary Name: sanctionedSanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
Sanction and direction
Sanction and direction, an application of the mind is necessary, but there is this essential difference that in the one case there is a legal impediment to the prosecution if there be no sanction, and in the other case, there is a positive order that the prosecution should be launched. For a sanction, all that is necessary for one to be satisfied about is the existence of a prima facie case. In the case of a direction, a further element that the accused deserves to be prosecuted is involved, Rameshwar Bhartia v. State of Assam, AIR 1952 SC 405....
Sanction of a law
Sanction of a law, the provision for enforcing or promoting its observance. 'The evil which will probably be incurred in case a command be disobeyed, or (to use an equivalent expression) in case a duty be broken, is frequently called a sanction, or an enforcement of obedience. Or (varying the phrase) the command of the duty is said to be sanctioned or enforced by the chance of incurring the evil', Austin's Jurisprudence, 3rd Edn. pp. 91, 92....
Sanctioned
Sanctioned, the word 'sanctioned' in s. 2(b) cannot be construed to mean sanctioned by the awardand not by the settlement, Union of India v. Majur Mahajan Mandal, (1977) 1 SCC 548: AIR 1977 SC 714 (719). [Additional Emoluments (Compulsory De-posit) Act (37 of 1974), s. 2(b)]...
Valid sanction
Valid sanction, a 'valid sanction' means sanction given after consideration of all relevant facts, AIR 1955 Cal 430. (Prevention of Corruption Act, 1947, s. 6...
sanction
sanction 1 : a punitive or coercive measure or action that results from failure to comply with a law, rule, or order [a for contempt] 2 : explicit or official approval 3 : an economic or military coercive measure adopted usually by several nations in concert for forcing a nation violating international law to desist or yield to adjudication vt 1 : to give official approval or consent to : ratify 2 : to impose a sanction on [ed the lawyer for professional misconduct] ...
sanctionable
sanctionable : deserving or liable to be sanctioned [ conduct] ...
Pragmatic sanction
Pragmatic sanction, a rescript or answer of the sovereign, delivered by advice of his council to some college, order, or body of people, who consult him in relation to the affairs of the community. A similar answer given to an individual is simply called a rescript, Civ. Law. Also, the instrument by which the Emperor Charles VI. Endeavoured to secure the succession of his daughter Maria Theresa to the Austrian dominions after his death...
Sanction to prosecute
Sanction to prosecute, is only an administrative order and does not by itself affect the rights of any party, State of Bihar v. P.P. Sharma, AIR 1991 SC 1260....
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
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