2003 4 1999 - Law Dictionary Search Results
Home Dictionary Name: 2003 4 1999Freedom of speech and expression
Freedom of speech and expression, includes freedom of propagation of idea which is ensured by freedom of circulation, Romesh Thappar v. State of Madras, AIR 1950 SC 124: 1950 SCR 594: 1950 Cri LJ 1514. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Carries with it the right to publish and circulate one's ideas, opinions and views, Sakal Papers (Pvt.) Ltd. v. Union of India, AIR 1962 SC 305.Means the right to express one's opinion by words of mouth, writing, printing, picture or in any other manner. It would thus include the freedom of communication and the right to propagate or publish opinion, S. Rangarajan v. P. Jagjivan Ram, (1989) 2 SCC 574. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Includes right of citizens to exhibit films on Doordashan, Odyssey Communications (Pvt.) Ltd. v. Lokvidayan Sanghattana, (1988) 3 SCC 410. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Is a natural r...
Freedom of expression
Freedom of expression, in a democracy freedom of expression is indispensable as all men are entitled to participate in the process of formulation of common decisions. Indeed, freedom of expression is the first condition of liberty. It occupies a preferred position in the hierarchy of liberties giving succour and protection to other liberties. It has been truly said that it is the mother of all other liberties. The Press as a medium of communica-tions a modern phenomenon. It has immense power to advance or thwart the progress of civilization. Its freedom can be used to create a brave new world or to bring about universal catastrophe, Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, AIR 1986 SC 515: (1985) 1 SCC 641: (1985) 2 SCR 287.Freedom of voting by expressing preference for a candidate is nothing but freedom of expressing oneself in relation to a matter of prime concern to the country and the voter himself, People's Union for Civil Liberties v. Union of India, AIR...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Cursus Curiae est lex curiae
Cursus Curiae est lex curiae, see Jammaluddin Ahmad v. Abu Saleh, (2003) 4 SCC 257 (272): AIR 2003 SC 1917.Cursus curi' est lex curi'. 3 Buls. 53.--(The practice of the court is the law of the court.) See Broom's Leg. Max....
Hunting
Hunting, trapping of birds which comes within the purview of the meaning of the term 'hunting' is thus prohibited in terms of s. 9 of the Act, Chief Forest Officer v. Nisar Khan, AIR 2003 SC 1867 (1869): (2003) 4 SCC 595. [Wild Life (Protection) Act, 1972, s. 2(16)]With its grammatical variations and cognate expressions, includes:(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;(c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles. [Wild Life (Protection) Act, 1972 (53 of 1972), s. (16)]...
In writing
In writing, when a confessional statement is dictated to a Steno and typed on a typewriter, the same amounts to a confessional statement being in writing, C.B.I. v. Ashia Hussain, AIR 2003 SC 1441 (1444): (2003) 4 SCC 166. [TADA, 1987, s. 15(1)]...
Judicial and administrative functions
Judicial and administrative functions, The functions discharged by a High Court can be divided broadly into judical and administrative functions. The judicial functions are to be discharged essentially by the Judges as per the rules of the Court and cannot be delegated. However, administrative functions need not necessarily be discharged by the Judges by themselves, whether individually or collectively or in a group of two or more, and may be delegated or entrusted by authorization to subordinates unless there be some rule of law restraining such delegation or authorisation, Jamal Uddin Ahmed v. Abu Saleh Najmuddin, (2003) 4 SCC 257: AIR 2003 SC 1917...
Legal justice and natural justice
Legal justice and natural justice, the expression 'natural justice' and 'legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law, Canara Bank v. Debasis Das, AIR 2003 SC 2041 (2047): (2003) 4 SCC 557....
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