Stipulated Authority - Law Dictionary Search Results
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authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
Revocation of agency
Revocation of agency. An agency is dissolved or determined in several ways:-(I) by the act of the principal, either(a) Express, as(1) By direct and formal writing, publicly a advertised;(2) By informal writing to the agent privately;(3) By parol; or(b) Implied from circumstances as by appointing another person to do the same act, where the authority of both would be incompatible.The exceptions to the power of the principal to revoke his agent's authority at mere pleasure are--(1) When the principal has expressly stipulated that the authority shall be irrevocable, and the agent has also an interest in its execution.(2) Where an authority or power is coupled with an interest, or is given for a valuable consideration, or is a part of a security, unless there is an express stipulation that it shall be revocable.(3) When an agent's act in pursuance of his authority has become obligatory, for nemo potest mutare consilium suum in alterius injuriam.(II.) By the agent's giving notice to his pri...
Fide-jussor
Fide-jussor, a surety, or one that obliges himself in the same contract with a principal, for the greater security of the creditor or stipulator, Civ. Law.A guarantor; a person; who becomes bound to pay author's debt, Black's Law Dictionary, 7th Edn., p. 639....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Government
Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...
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