2017 14 Scc80 - Law Dictionary Search Results
Home Dictionary Name: 2017 14 scc80Order XIV
Order XIV. See LEAVE TO DEFEND....
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Restricted estate
Restricted estate, that the words 'restricted estate' used in s. 14 (2) are wider than limited interest as indicated in s. 14 (1) and they include not only limited interest, but also any other kind of limitation that may be placed on the transferee, V. Tulasamma v. V. Sesha Reddi, AIR 1977 SC 1944 (1978): (1977) 3 SCC 99: (1977) 3 SCR 261. [Hindu Succession Act, 1956, s. 14(1), 14(2)]...
Benefice
Benefice [fr. beneficium, M. Lat., a kindness], an ecclesiastical living and promotion, a rectory or vicarage: all church preferments except bishoprics; also a fief in the feudal system. See s. 13(1) of the (English) Benefices Act, 1898 (61 & 62 Vict. C. 48).The (English) Benefices Act, 1898, requires registration of the transfer of the right of patronage of a benefice, prohibits the sale of the right of the next presentation thereto, and requires a bishop before collating or admitting a clergyman to a benefice to give one month's notice to the churchwardens of the parish of the intended collation or admission.By the (English) Benefices Act, 1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1), s. 1, a right of patronage is to be incapable of sale after the benefice has been twice vacant subsequent to 14 July, 1924; and by s. 2 a patron may make a declaration under seal that his right of patronage shall thenceforth be without power of sale. And by the (English) Benefices (Transfer of...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Habitually
Habitually, a person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappu Nawabkhan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti-Social Activities Act, 1985, s. 2(c)]The word 'habitually'connotes some degree of fre-quency and continuity. It requires a continuance and permanence of some tendency, something that has developed into a propensity, that is, present from day-to-day, Stroud's Judicial Dictionary, Fourth Edn., Vol. 2, p. 1204, Vijay Narain Singh v. State of Bihar, AIR 1984 SC 1334 (1338): (1984) 3 SCC 14: (1984) 3 SCR 435.Means 'usually' and 'generally', Mustakmiya Jabbar-miya Shaikh v. M.M. Mehta, Commissioner of Police, (1995) 3 SCC 237.Would mean repeatedly or persistently and implies a thread of continuity stringing ...
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