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Sovereign Power - Law Dictionary Search Results

Home Dictionary Name: sovereign power

Sovereign power

Sovereign power, in all Governments of constitutional limitations 'sovereign power' manifests itself in but three ways. By exercising the right of taxation; by the right of eminent domain; and through its police power, Boggs v. Meree Min Co., 14 Cal 279....


Sovereign powers

Sovereign powers, of a Government include all the powers necessary to accomplish its legitimate ends and purposes. Such powers must exist in all practical Governments. (Words and Phrases, Permanent Edition, Volume 39A) See also Agricultural Produce Market Committee v. Ashok Harikuni, (2000) 8 SCC 61....


Sovereign power, or Sovereignty

Sovereign power, or Sovereignty, that power in a state to which none other is superior...


Sovereignty

Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...


Act of State

Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...


University

University, an association of learners, and of teachers and examiners of the learners, upon whose report the association grants upon whose report the association grants titles called 'degrees' (such as 'Master of Arts,' 'Doctor of Divinity'), showing that the holders have attained some definite proficiency.The English Universities are those of Oxford, Cambridge (incorporated by 13 Eliz. c. 29, by the two names of the Chancellor, Masters and Scholars of the University of Oxford and Cambridge respectively, with the direction that they shall be called and named by none other name for evermore), Durham, London, Victoria of Manchester, Birmingham, Liverpool, Leeds, Sheffield, Bristol, and East Midland University Nottingham, the graduates of which (see University of Liverpool Act, 1904; (English) University of Leeds Act, 1904; and (English) Sheffield University Act, 1914) have equal statutory privileges and exemptions; and Reading University (see 18 & 19 Geo. 5, c. 25). There is also the Uni...


Letters of marque

Letters of marque, commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the Secretaries of State, with the approbation of the Sovereign and Council; and usually in time of war, etc., ex Merc. 173. The words marque and reprisal are used as synonymous terms, although the latter is, strictly, taking in return; the former passing the frontiers in order to such taking, Du Cange, tit. 'Marcha.'These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal may be obtained in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and, in fact, this custom seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when ...


Ambassador

Ambassador [legatus, Lat.], a representative minister sent by one sovereign power to another, with authority conferred on him by letters of credence to treat on affairs of state, 4 Inst. 153. Ambassadors are either ordinary, who reside in the place whither they are sent; or extraordinary, who are employed upon special matters. An ambassador during the period of his residence here is entirely exempt from the jurisdiction of the courts of this country, Magdalena Steam Navigation Co. v. Martin, (1859) 2 E&E 94; Musurus Bey v. Godban, 1894 (2) QB 352). Ambassadors and their domestic servants are protected from civil arrest and their goods from seizure under distress or execution by the (English) Diplomatic Privileges Act, 1708 (7 Anne, c. 12), which is declaratory of the Common Law, but imposes severe penalties, including corporal punishment, on persons violating its provisions. The King can veto the appointment of an ambassador, and this constitutional right was last exercised by William ...


Legislative power

Legislative power, power to frame or enact law for the governance of the country by the supreme body exercising the sovereign power is known as legislative power, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (754)....


Decree

Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...


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