Acting Honestly - Law Dictionary Search Results
Home Dictionary Name: acting honestly Page: 2Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a...
Pawnbroker
Pawnbroker, contemplates that every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattel may be afterwards repurchased on any terms, is a 'pawnbroker', Karnataka Pawnbrokers' Assn. v. State of Karnataka, (1998) 7 SCC 707.One who lends money on goods which he receives upon pledge.The rate of interest which pawnbrokers may take has been fixed by law since 1800, by 39 & 40 Geo. 3, c. 48, which Act placed their whole business under various other restrictions. By the (English) Pawn-brokers Act, 1872 (which applies to Scotland, but not to Ireland), this Act, together with its amending Acts, is repealed, and the statute law of the subject consolidated. Sch. IV., dealing with profits and charges, has been amended by the (English) Pawnbrokers Act, 1922, in respect of loans not exceeding 40s.By s. 5 of the A...
Workmen
Workmen, if a person is mainly doing supervisory work, but, incidentally or for a fraction of the time, also does some clerical work, it would have to be held that he is employed in supervisory capacity; and, conversely, if the main work done is of clerical nature, the mere fact that some supervisory duties are also carried out incidentally or as a small fraction of the work done by him will not convert his employment as a clerk into one in supervisory capacity, Ananda Bazar Patrika (P) Ltd. v. The Workmen, (1970) 3 SCC 248.Those earning their livelihood by manual labour.Workmen's Dwellings.-See HOUSING OF THE WORKING CLASSES.As to facilities for small dwellings not exceeding a rateable value of 100l. a year see (English) Settled land Act, 1925, ss. 57, 107 and 117. See LABOURERS' DWELLINGS.Workmen (Unemployed).-The Local Government Act, 1929 (19 Geo.5, c. 17), s. 12, repealed the Unemployed Workmen Act, 1905, which established distress committees, whose functions were to ascertain con...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Misrepresentation
Misrepresentation, 'Misrepresentation' means and includes--(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement. [(English) Contract Act, 1872 (9 of 1872), s. 18)]Misrepresentation, i.e., suggestio falsi, if a matter of substance essentially material to the subject, whether by acts or bywords, by man'uvres, or by positive assertions or material concealment (suppressio veri) whereby a person is misled and damnified.In equity it is immaterial whether the misrepresent or knew the matter to be false, or asserted it, wi...
Suffragan
Suffragan. Bishops are styled suffragan, a word signifying deputy, in respect of their relation to the archbishop of their province. But formerly each archbishop and bishop had also his suffragan to assist him in conferring orders, and in other spiritual parts of his office within his diocese. These are called suffragan bishops, and resemble the chorepiscopi, or bishops of the country, in the early times of the Christian Church. How this inferior order of bishops may be appointed and consecrated for twenty-five towns therein specified (including Thetford, Grantham, and Gloucester) is regulated by 26 Hen. 8, c. 14, which enacts that every archbishop and bishop disposed to have a suffragan should name to the king 'two honest and discreet spiritual persons, being learned and of good conversation,' and that each of them should request the king to appoint one of them. Notwithstanding this statute, it was not until very recent years, when the suffragans were appointed for a few of the specif...
Labourer
Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7]Means servants in husbandry or manufactures, not living intra m'nia. Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz. c. 4) have vested in the justices of the peace the power of com-pelling persons not having any visible livelihood to go out to service in husbandry, or in certain specific trades, for the promotion of honest industry. A 'labourer' is a man who digs and does other work of that kind with his hands (per Brett, M.R., Morgan v. London General Omnibus Co., (1884) 53 LJQB 352); but a farmer is not a labourer within the Sunday Observance Act, 1677 (29 Car. 2, c. 7) [R...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial