Deprivation - Definition - Law Dictionary Home Dictionary Definition deprivation

Definition :

Deprivation, taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross immorality, and the like, or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for neglecting to read the liturgy and articles in the church, and to declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England; or for continued neglect, after order of the bishop, followed by sequestration, to reside on the benefice; and see as to deprivation for immorality, etc., the (English) Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32), s. 6(1)(b), and Oxford (Bishop) v. Henly, 1909, P. 319.

A censure of deprivative is the removal of a person from any preferment which he holds and is qualification from holding any or any other preferment in the future except as stated below, Halsbury's Laws of England 14, para 1373, p. 780.

In India, a person can be deprived of lis life and liberty according to procedure established by law, Constitution of India, Art. 21.

In U.S.A. a person can be deprived of his life, property or liberty only under the 'due process of law' and the congress is not free to make any process 'due process of law' by its mere will. In U.K. the law means the law as declared by Parliament and the due process clause does not apply, Commentary of the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 81.

Under the English 'Rule of Law' no member of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his action before a court of Justice, Eshugbaxi v. Govt. of Nigeria, AIR 1931 PC 238; Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 81.

Is the act of taking away by the state the life or personal liberty or property of the subjects, under a valid law.

Refers to property taken under the power of eminent domain, A Dictionary of Law, William C. Anderson, 1889, p. 347.