Taking Power - Law Dictionary Search Results
Home Dictionary Name: taking powerJurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Misuse of power or misapplication of power
Misuse of power or misapplication of power, 'Misuse of power' or 'mis- application of power' or a 'detournement de puvoir' (as it is called in French Administrative Law), are terms correctly employed to describe the use of a power in this illegal fashion. The exercise of every power, whatever its nature, lodged in Government authorities, is controlled by the need to confine it to the ambit within which it could justly and reasonably be expected to take place. A power used under the mis-apprehension that it was needed for effectuating a purpose, which was really outside the law or the proper scope of the power, could be said to be an exercise for an extraneous or collateral purpose, State of Mysore v. P.R. Kulkarni, AIR 1972 SC 2170: (1973) 3 SCC 597.Misuser, abuse of any liberty or benefit which works a forfeiture of it....
Seizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
To regulate the work and conduct of the officers
To regulate the work and conduct of the officers, it is a settled principle that when the Act prescribes a particular body to exercise a power, it must be exercised only by that body. It cannot be exercised by others unless it is delegated. The power to regulate the work and conduct of officers cannot include the power to take disciplinary action for their removal. The Act confers power to appoint officers on the Executive Council and it generally includes the power to remove, Marathwada University v. Sesh Rao Balwant Rao Chavan, AIR 1989 SC 1582: (1989) 3 SCC 132: (1989) 2 SCR 454...
Agriculture and Fisheries, Ministry of
Agriculture and Fisheries, Ministry of (English). The Board of Agriculture, created by the Board of Agriculture Act, 1889, to take over the powers of the Privy Council as to the diseases of animals, and of the Land Commissioners under the Copyhold, Inclosure and Tithe Acts, etc., had transferred to it by the Board of Agriculture and Fisheries Act, 1903, the powers of the Board of Trade under the Salmon Fishery Act, 1861, the Sea Fisheries Regulations Act, 1868, and other Fishery Acts, and took the style of 'The Board of Agriculture and Fisheries.' There is power to appoint two secretaries, who can sit and vote in the House of Commons. The Ministry of Agriculture and Fisheries Act, 1919, replaced the Board and its President by a Minister and Ministry of Agriculture and Fisheries. The Board had in fact never met, but its opinions had been those of its permanent officials and of its President. See Board of Agriculture and Fisheries Act, 1909, the Ministry of Agriculture and Fisheries Act,...
Concert of Europe
An agreement or understanding between the chief European powers to take only joint action in the European Eastern Question...
Cognitionibus mittendis
Cognitionibus mittendis, an abolished writ to a Justice of the Common Pleas, or other who has power to take a fine, who having taken the fine defers to certify it, commanding him to certify it, Reg. Brev. 68....
Pensions, Ministry of
Pensions, Ministry of. Established by the (English) Ministry of Pensions Act, 1916, to take over the powers and duties of (a) the Admiralty with respect to the pensions and grants to persons who have served in H.M. naval forces and their dependants, other than service pensions, so far as the pensions and grants are payable out of moneys provided by Parliament and not provided exclusively for Greenwich Hospital; (b) the Commissioners for the Royal Hospital for Soldiers at Chelsea with respect to the grant and administration of disability pensions and grants other than in-pensions; (c) the Army Council and the Secretary of State for War with respect to the pensions and grants to persons who have served in any of H.M. military forces and their dependants, and to persons who have served in the nursing service of these forces, other than service pensions. The Minister may sit in the House of Commons. See also Chitty's Statutes, tit. 'Pension.'...
Vaccination
Vaccination, inoculation with the virus of cowpox as a preventive of smallpox. First made compulsory in 1853 by 16 & 17 Vict. c. 100, gratuitous vaccination having been previously provided for in the various enactments, dating from 1840, on the subject prior to 1867, all of which were repealed by the Vaccination Act of that year (30 & 31 Vict. c. 84). By the Act it was provided, inter alia, that the parent of every child born in England should within three months after the birth of such child, or where by reason of the death, illness, absence, or inability of the parent or other cause, any other person should have the custody of such child, 1898 by the (English) Vaccination Act, 1898, and this last Act was itself amended by the (English) Vaccination Act, 1907, in order to give relief to persons having a conscientious objection to vaccination, and s. 1(1) is as follows:-1.-(1) No parent or other person shall be liable to any penalty under s. 29 or s. 31 of the Vaccination Act of 1867 if...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
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