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Substantive - Law Dictionary Search Results

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Substantive capacity

Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...


substantive crime

substantive crime : a crime that does not have as an element the performance of some other crime : a crime that is not dependent on another [indicted and convicted of conspiracy to attempt to enter the bank and the substantive crime of attempting to enter the bank "United States v. Clay, 495 F.2d 700 (1974)"] called also substantive offense compare accessory, conspiracy ...


Pay in the substantive post in the parent department

Pay in the substantive post in the parent department, 'pay in the substantive post in the parent department' means the pay attached to the post substantively held by the employee on the date of transfer to another department, V.A. Subhadra v. A. Satyavan, AIR 1975 SC 1913 (1914): (1975) 4 SCC 624: (1976) 1 SCR 375....


substantive

substantive 1 : of or relating to a matter of substance as opposed to form or procedure [a issue] [the instructions to the jury] [was dismissed on procedural and grounds] compare procedural 2 : affecting rights, duties, or causes of actions [a statutory change] [a rule of law] 3 : existing in its own right ;specif : of or relating to a substantive crime [the object of a RICO conspiracy is to violate a RICO provision "United States v. Elliot, 571 F.2d 880 (1978)"] ...


substantive consolidation

substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.) Source: Administrative Office of the U.S. Courts ...


substantive law

substantive law : law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law compare adjective law, procedural law NOTE: There are restrictions on applying new substantive law (as statutory or case law) retroactively. ...


substantive offense

substantive offense : substantive crime ...


substantive right

substantive right : a right arising from substantive law ...


Officiating service and substantive service

Officiating service and substantive service, officiat-ing service means service rendered as a non-permanent holder. Substantive service therefore means service as a permanent holder of an office, P.C. Kunhikrishnan Nambiar v. State of Kerala, AIR 1965 Ker 84 (87). [IAS (Appointment by Promo-tion), Regulations, 1955, Reg. 4]...


Substantive

Substantive, means existing in its own right, specific; of or relating to a substantive crime, United States v. Elliot, 571 F 2d 880 (1978)....


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