Subordinate - Law Dictionary Search Results
Home Dictionary Name: subordinateSubordinate
Subordinate, by the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the function with which the business or transaction is concerned, R.G. Jacob v. Republic of India, AIR 1963 SC 550 (553): (1963) 3 SCR 800. (Indian Penal Code, 1860, s. 165)1. Placed in or belonging to a lower rank, class or position. 2. Subject to another's authority or control, Black's Law Dictionary, 7th Edn., p. 1439.Subordinate, is not a term of art and in its dictionary meaning, it connotes several ideas including holding of secondary or subservient position, Toesh Kumar v. State of Bihar, 1985 BLJR 19.Means a court can be said to be subordinate to another court only if the latter court has appellate or revisional jurisdiction or power of Superinten-dence given to it by some statutory provision over the former court, Bishambar Nath v. Achal Singh, AIR 1932 All 651: 1932 All L...
subordination
subordination : an act or instance of subordinating ;also : the remedy of subordinating a claim see also equitable subordination ...
Court subordinate
Court subordinate, the expression 'Court immediately below' used in the Constitution means 'Court subordinate' and a single Judge of the High Court not being a court subordinate to the Division Bench qua the Division Bench the District Court was the Court immediately below. But the two expressions have not the same meaning. A 'court subordinate' to the High Court is a Court subject to the superintendent of the High Court, whereas a court immediately below is the Court from whose decision the appeal has been filed, Ladli Prasad Jaiswal v. Karnal Distillery Co. Ltd., AIR 1963 SC 1279 (1285): (1964) 1 SCR 270. (Civil Procedure Code, 1985, s. 115)...
Court immediately below and Court subordinate to the High Court
Court immediately below and Court subordinate to the High Court, the expressions 'a Court immediately below' and 'a Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a Court subordinate to the High Court but whether the judgment is of a court immediately below and that a single Judge of the High Court hearing a proceeding either as a Court of original jurisdiction or in exercise of appellate jurisdiction is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. 133(1)(a)]...
equitable subordination
equitable subordination : the subordination of a creditor's claim in a bankruptcy proceeding imposed by the court when the creditor has an unfair advantage over other creditors because of improper conduct or an advantageous position (as of a corporate insider) ...
subordinate
subordinate 1 : placed in or occupying a lower rank, class, or position 2 : submissive to or controlled by authority [sə-bȯrd-n-āt] vt -nat·ed -nat·ing : to assign lower priority to (as a debt or creditor) : postpone satisfaction of until after satisfaction of another [the equitable assignee will be subordinated to the rights of the assignor's trustee in bankruptcy "J. D. Calamari and J. M. Perillo"] ...
subordination agreement
subordination agreement : an agreement by which one party subordinates its claim to that of another ...
Co-ordinate and subordinate
Co-ordinate and subordinate are terms often applied as a test to ascertain the doubtful meaning of clauses in an Act of Parliament. If thee be two, one of which is grammatically governed by the other, it is said to be subordinate to it; but if both are equally governed by some third clause, the two are called co-ordinate....
Legislation, subordination
Legislation, subordination, means the making of statutory instruments or orders by a body subordinate to the legislature in exercise of power within specific limits conferred by the legislature also covers statutory instruments themselves, Practice and Procedure of Parliaments, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 630....
Subordinate Court
Subordinate Court, means all Courts subordinate to the High Court, including court of Small causes established under Act No. 9 of 1850 or Act No. 11 of 1865. [Legal Practitioners Act, 1879 (18 of 1879), s. 3]...
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