Arbitrary Punishment - Law Dictionary Search Results
Home Dictionary Name: arbitrary punishmentArbitrary punishment
Arbitrary punishment, such as is left entirely to the discretion of a judge....
arbitrary
arbitrary 1 : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law [the manner of punishment is ] 2 a : not restrained or limited in the exercise of power [an government] b : marked by or resulting from the unrestrained exercise of power [protection from arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for such a finding "Irvin v. Hobby, 131 F. Supp. 851 (1955)"] NOTE: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's a...
Arbitrariness
Arbitrariness, the meaning and true import of arbitrariness is more easily visualized than precisely stated or defined. The question, whether an impugned act is arbitrary or not, is ultimately to be answered on the facts and in the circumstances of a given case. An obvious test to apply is to see whether there is any discernible principle emerging from the impugned act and if so, does it satisfy the test of reasonableness. Where a mode is prescribed for doing an act and there is no impediment in following that procedure, performance of the act otherwise and in a manner which does not disclose any discernible principle which is reasonable, may itself attract the vice of arbitrariness, Shrilekha Vidyarthi v. State of Uttar Pradesh, (1991) 1 SCC 212 (243): AIR 1991 SC 537....
Arbitrary
Arbitrary, where a particular mode is prescribed for doing an act and there is no impediment in adopting the procedure, the deviation to act in different manner which does not disclose any discernible principle which is reasonable itself shall be labelled as arbitrary. Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary, Bannari Amman Sugars Ltd. v. CTO, (2005) 1 SCC 625 (634). (Constitution of India, Art. 14)...
sentence
sentence [Old French, opinion, judicial sentence, from Latin sententia, ultimately from sentire to feel, think, express an opinion] 1 : a judgment formally pronouncing the punishment to be inflicted on one convicted of a crime 2 : the punishment that one convicted of a crime is ordered to receive concurrent sentence : a sentence that runs at the same time as another consecutive sentence : a sentence that runs before or after another cumulative sentence : consecutive sentence in this entry ;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general sentence : a sentence that does not allocate the punishment imposed for the individual counts on which the defendant was convicted NOTE: General sentences are impermissible. in·de·ter·mi·nate s...
arbitrary mark
arbitrary mark : a trademark, service mark, or trade name that is not indicative of the nature of the goods or services ...
arbitrary marks
arbitrary marks Comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality or characteristic of the goods or services (e.g., "Apple" for computers; "Old Crow" for whiskey). Source: U.S. Patent and Trademark Office ...
Law arbitrary
Law arbitrary, means a law not found in the nature of things, but imposed by the legislature's mere will; a bill not immutable, Black's Law Dictionary, 7th Edn., p. 890....
cruel and unusual punishment
cruel and unusual punishment : punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense) [nor cruel and unusual punishments inflicted "U.S. Constitution amend. VIII"] see also Gregg v. Georgia in the Important Cases section compare corporal punishment, death penalty NOTE: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments. The U.S. Supreme Court has held that the death penalty in itself does not constitute cruel and unusual punishment, although mandatory death sentences do. ...
Sentence
Sentence, denotes 'A person who is convicted and sentenced to imprisonment is deemed to have been awarded that punishment even in the case where the sentence is suspended for some reason or other, State of Maharashtra v. Chandrabhan Tale, AIR 1983 SC 803: (1983) 3 SCC 387.Sentence, denotes the action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v. State of Maharashtra, (1977) Mah LJ 338.Means the judgment that a court formally pronoun-ces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer, Black's Law Dictionary, 7th Edn., p. 1367.The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency and contradiction and in pr...
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