Legal Right - Definition - Law Dictionary Home Dictionary Definition legal-right

Definition :

Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)

It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no liability. It is an immunity from the legal power of some other person. The correlative of immunity is disability. Disability means the absence of power, Shanti Kumar R. Chanji v. Home Insurance Co. of New York, AIR 1974 SC 1719 (1722): (1974) 2 SCC 387: (1975) 1 SCR 550.

Means the right vested in a person and is available against a person who is under a corresponding obligation and duty to respect that right and has to act or for bear from acting in a manner so as to prevent the violation of the right, 'X' v. Hospital 'Z', (1998) 8 SCC 296.

Legal rights of spouses and children in Scotland. See TERCE; COURTESY; JUS RELICT'; JUS RELICTI; LEGITIM.