Tribunal - Law Dictionary Search Results
Home Dictionary Name: tribunal Page: 5Prize Court
Prize Court. This is an international tribunal, existing only by virtue of a special commission under the Great Seal, during war or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the Court of Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the Instance Court of the Admiralty (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...
Adventure in the nature of trade
Adventure in the nature of trade, The expression in sub-s. (4) of s. 2 of the Indian Income Tax Act, 1922, postulates the existence of certain elements in the adventure which in law would invest it with the character of a trade or business; and that a tribunal while considering a question as to whether a transaction is or is not an adventure in the nature of trade, before arriving at its final conclusion on facts proved, the tribunal has undoubtedly to address itself to the legal requirements associated with the concept of trade or business, G. Venkataswami Naidu and Co. v. Commissioner of Income Tax, AIR 1959 SC 359 (364): (1959) Supp 1 SCR 646....
war crime
war crime : an act committed usually during an international war for which individual criminal liability will be imposed by a domestic or international tribunal ;specif : a violation of the laws or customs of war as embodied or recognized by international treaty, court decisions, or established practice usually used in pl. NOTE: Following World War II, the Charter of the International Military Tribunal at Nuremberg first codified war crimes including crimes against humanity. Also encompassed in the legal concept of war crimes is the crime of planning or waging a war of aggression or a war in violation of international treaties. ...
Adjudicating authority
Adjudicating authority, means an officer appointed by the Central Government under sub-s. (1) of s. 16 of the Act. [Foreign Exchange Management (Adjudica-tion Proceedings and Appeal Rules, 2000), R. 2 (b)](ii) Means an officer authorised under sub-s. (1) ofs. 16. [Foreign Exchange Management Act, 1999(42 of 1999), s. 2 (a)](iii) Means any authority competent to pass any order or decision under this Act but does not include the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963, Commissioner of Central Excise (Appeals) or Appellate Tribunal. [Central Excise Act, 1944 (1 of 1944), s. 2 (a)](iv) Means any authority competent to pass any order of decision under this Act, but does not include the Board, Commissioner (Appeals) or Appellate Tribunal. [Customs Act, 1962 (52 of 1962), s. 2 (1)](v) Means the authority specified in, or under, state s. 13. [Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), s. 2 (a)]...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
Designs
Designs. The registration of and rights in designs are governed by the Patents and Designs Act, 1907, as amended by the Patents and Designs Acts,1919, 1928 and 1932 (cited as the Patents and Designs Acts, 1907 to 1932), and the Patent Rules, 1932 S. R. & O. 1932, No. 873.'Design' means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or which is in substance a mere mechanical device (s. 19, Act of 1919).And s. 49 of the principal Act (Act of 1919) (English), as amended, provides as follows:--49.--(1) The comptroller may, on the application made in the prescribed form and manner of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design und...
Member
Member, is defined as 'member' in relation to an occupational pension scheme, means any active, deferred or pensioner member, Bus Employees Pension Trustees Ltd. v. Harrod, (1999) 3 WLR 1244.Member, means a member of the Authority. [Gujarat State Disaster Management Act, 2003, s. 2(l)]Member, means a member of the Commission and includes the Chairperson. [The National Commission for Minority Educational Institutions Act, 2004, s. 2(e)]Member, means a member of the council. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(e)]Member, means a person elected at an election to fill seats in a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad. [West Bengal Panchayat Election Act, 2003, s. 2(12)]Member, means a person joining in the application for the registration of a multi-State Co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act, the rules a...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Judicial discretion
Judicial discretion, signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will, the liberty of power of acting without other control than one's own judgment, Reliance Airport Develo-pers Pvt. Ltd. v. Airports Authority of India, (2006) 10 JT 424: (2006) 11 SCALE 208.Judicial discretion. Such matters in the course of a trial as are to be decided summarily by the judge, and cannot be questioned afterwards, are said to be within his discretion. Various matters incidental to the conduct of a cause before trial are also by statute left in the discretion of the Court, or a judge at chambers. Discretion is thus defined by Coke, in Rooke's case, 40 Eliz.: 'Discretion is a science of understanding, to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one said, ta...
Writ of certiorari
Writ of certiorari, certiorari jurisdiction can be exercised only for correcting errors of jurisdiction committed by inferior Courts or Tribunals. A writ of certiorari can be issued only in the exercise of supervisory jurisdiction which is different from appellate jurisdiction. The writ jurisdiction extends only to cases where orders are passed by inferior Courts or Tribunals in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing gave miscarriage of justice, Swarn Singh v. State of Punjab, (1976) 2 SCC 868 (872): AIR 1976 SC 232. (Constitution of India, Art. 226)...
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