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state action 1 : an action that is either taken directly by the state or bears a sufficient connection to the state to be attributed to it NOTE: State actions are subject to judicial scrutiny for violations of the rights to due process and equal protection guaranteed under the Fourteenth Amendment to the U.S. Constitution. Such an action may be the subject of a claim brought under federal law (as section 1983) by one alleging a violation of constitutional rights, privileges, or immunities. 2 : state efforts to displace competition with regulation or a state-supervised monopoly NOTE: Such efforts are immune from antitrust liability. ...
state
state often attrib 1 a : a politically organized body of people usually occupying a definite territory ;esp : one that is sovereign b : the political organization that has supreme civil authority and political power and serves as the basis of government see also compelling state interest at interest, separation of church and state c : a government or politically organized society having a particular character [a police ] 2 : the operations or concerns of the government of a country : the sphere of administration and supreme political power of a country (as in international relations) [secrets of ] [affairs of ] 3 a : one of the constituent units of a nation having a federal government ;specif : one of the fifty such units comprising the great part of the U.S. see also state law b : the territory of a state ...
Acquisition by State
Acquisition by State, The words 'acquisition by the State' in the second proviso to article 31A(1) do not have a technical meaning. It means that the law must make a provision for the acquisition by the State of an estate. But what is the true meaning of the expression 'acquisition by the State of an estate', Ajit Singh v. State of Punjab, AIR 1967 SC 856 (861): (1967) 2 SCR 143....
Appropriate State
Appropriate State, means-(i) in relation to a dealer who has one or more places of business situated in different States, every such State with respect to the place or places of business situated within its territory. (ii) in relation to a dealer who has places of business situated in different States, every such State with respect to the place or places of business situated within its territory. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (a)]...
Directive principles of State Policy
Directive principles of State Policy, some of the important directive principles require the State to strive to secure for its citizen legal justice and free legal aid, Constitution of India, Art. 39(A).A law giving effect to any of the Directive Principles shall not be void on the ground that it is inconsistent with or takes away or abridges only of the rights conferred by Article 14 or Article 19 of the Constitution, Constitution of India, Art. 3(C).is the constitutional directions and principles fundamental in the governance of the country, Constitution of India, Art. 37.Broadly classified under three categories (i) economic ideals which State should strive to attain, (ii) directions to the legislatures and executive regarding their exercise of powers, and (iii) certain rights of the citizens which the State has to secure by its legislative and administrative policy, Commentary of the Constitution of India, Durga Das Basu, Vol. 11, p. 303.It is the duty of the State to apply these p...
Foreign State
Foreign State, means any State outside India and includes every constituent part, colony or dependency of such State. [Extradition Act, 1962 (34 of 1962), s. 2(e)]Foreign state, is any state other than India, Constitution of India, Art. 367(3)....
Inter-State route
Inter-State route, an inter-State route is one of which one of the termini falls in one State and the other in another State, Ch. Khazan Singh v. State of U.P., AIR 1974 SC 669: (1974) 1 SCC 295: (1974) 2 SCR 562....
Resale within the State
Resale within the State, the expression 'resale within the State' in Form No. ST 17 must be read in the light of Explanation II to s. 2(o) of the State Act as it is a recognised canon of construction that an expression used in a rule, by law or form issued in exercise of power conferred by a statue must, unless there is anything repugnant in the subject or context have the same meaning as is assigned to it under the statue. Explanation II enacts as to when a sale shall be deemed to be a sale within the State by incorporating in it by reference the provisions of s. 4(2) of the Central Sales Tax Act, Onkarlal Nandlal v. State of Rajasthan, AIR 1986 SC 2146: (1985) 4 SCC 404: (1985) Supp 3 SCR 1075....
Ruler of a foreign State
Ruler of a foreign State, 'foreign State' means any State outside India which has been recognised by the Central Government, and 'Ruler' in relation to a foreign State, means the person who is for the time being recognised by the Central Govt. to be the head of that State, Mirza Ali Akbar Kashani v. United Arab Republic, AIR 1966 SC 230: (1966) 1 SCR 319...
Serving in connection with the affairs of the Union or in the State
Serving in connection with the affairs of the Union or in the State, explanation to r. 2(a) of the All India Services (Conduct) Rules, 1968 enlarges the meaning of the expression 'serving in connection with the affairs of the Union or in connection with the affairs of the State'. It provides that a member of the Service whose services are placed at the disposal of a company, corporation or other organisation or a local authority by the Central Government or the Government of a State, shall, for the purpose of those rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of the State, as the case may be, notwithstanding that his salary is drawn from the sources other than the Consolidated Fund of India or the Consolidated Fund of that State. The legal function contained in Explanation to Rule 21(a), is for a limited purpose, S.S. Dhanoa v. Municipal Corporation, AIR 1981 SC 1395: (1981) 3 SCC 431: (1981) 3 SCR ...
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