Superintendence - Law Dictionary Search Results
Home Dictionary Name: superintendenceSuperintendence, direction and control
Superintendence, direction and control, The words 'superintendence', 'direction' and 'control' are wide enough to include all powers necessary for the smooth conduct of elections. It is, however, seen that Parliament has been vested with the power to make law under Article 327 of the Constitution read with Entry 72 of List I of the Seventh Schedule to the Constitution with respect to all matters relating to the elections to either House of Parliament or to the House or either House of the Legislature of a State subject to the provisions of the Constitution and any law made inthat behalf by Parliament, the legislature of a State may under Article 328 read with entry 37 of List II of the Seventh Schedule to the Constitution make law relating to the elections to the House or Houses of Legislature of that State. The general powers of superintendence, direction and control of the elections vested in the Commission under Article 324(1) naturally are subject to any law made either under Artic...
Superintendence
Superintendence, Superintendence connotes super-vision which implies hierarchy, viz., supervisor and the one supervised. It would, therefore, mean keeping a check, watch over the work of another who may be a subordinate in a hierarchy of authority. It would also comprehend that supervision is not merely a negative thing so as to keep a watch but it would imply giving of direction, guidance, even instructions, and in a given case and in a given situation asking one who is being supervised to forbear from doing a thing and directing some one else to do that thing, State of Bihar v. J.A.C. Saldhana, (1980) 1 SCC 554: AIR 1980 SC 326 (333). [Criminal Procedure Code, 1974, ss. 36, 156, 173]...
superintendent
superintendent : one who has the oversight and charge of a place, institution, department, organization, or operation ;specif : the executive head of a police department ...
Superintendent Registrar
Superintendent Registrar, an officer who superin-tends the registers of births, deaths, and marriages. There was one in every poor law union in England and Wales. The office was filled as of right by the clerk to the guardians of the union, if he was duly qualified and accepted it. He is now a salaried officer in every registration district, with a registrar in every approved sub-district appointed by the local authority (replacing the guardians); the authorities are county and county boroughs, and, in London, common council, and metropolitan borough councils [(English) Loc. Gov. Act, 1929 (19 & 20 Geo. 5, c. 17)]. They were under the super-vision of the Registrar-General and (now) of the Ministry of Health. See Births and Deaths Registration Acts, 1836 to 1929....
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
inspector
inspector 1 : a person employed or authorized to inspect something 2 : a police officer in charge of a number of precincts and ranking below a superintendent or deputy superintendent ...
Bishop
Bishop [fr. 'plokopoV, Gk. Biscop, Sax.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the king's cong' d' 'lire, or license to elect the person named by the king, accompanied, by virtue of 25 Hen. 8, c. 20, by a letter-missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the king, by letters-patent, may nominate whom he pleases. A bishop is said to be installed, and there are four things necessary to his complete title: (1) election, which resembles the presentation of a clerk to an ecclesiastical benefice; (2) confirmation, which cannot be opposed on doctrinal grounds: see Reg. v. Archbishop of Canterbury, 1902 KB 503, under title CONFIRMATION OF BISHOPS; (3) consecration, similar to institution; (4) installation, answering to induction. The bishop are the lords spiritual in Parliament: see HOUSE OF LORDS....
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
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