Arrest - Law Dictionary Search Results
Home Dictionary Name: arrest Page: 4Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
bail
bail [Anglo-French, act of handing over, delivery of a prisoner into someone's custody in exchange for security, from bailler to hand over, entrust, from Old French, from Latin bajulare to carry (a burden)] 1 : the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing [while free on ] 2 : the security given for a prisoner's release ;also : the amount or terms of the security [excessive shall not be required "U.S. Constitution amend. VIII"] [posted cash ] [motion to reduce ] 3 : one who provides bail and is liable for the released prisoner's appearance [ may arrest or authorize arrest of principal "Code of Alabama"] jump bail : to flee the jurisdiction while released on bail make bail : to be released on bail vt 1 : to release on bail 2 : to obtain the release of by giving bail often used with out 3 : to place (personal property) under a bailment [identity of the article claimed to have been ed "Peet v. Roth Hotel...
Attach
Attach [fr. attaccare, It., to fasten], to take or apprehend by commandant or a writ or precept. It differs from arrest, because it takes not only the body, but sometimes the goods, whereas an arrest is only against the person; besides, he who attaches keeps the party attached in order to produce him in Court on the day named, but he who arrests lodges the person arrested in the custody of a higher power, to be forthwith disposed of, Fleta, lib. 5, c. xxiv. See ATTACHMENT....
Course of public justice
Course of public justice, particularly in the criminal sphere, was not confined to the process of adjudication and included functions of the police such as the investigation of offence and the arrest of suspected persons, that where a false allegation was made the mischief existed whether it was capable of identifying individuals or not; and that although the risk of an innocent person being subjected to wrongful arrest might be the greater in the former instance, it remained wherever the offence was descried with sufficient particularity to justify a significant police investigation, R. v. Cotter (CA), (2003) LR 951 (QB)....
Defended
Defended, the word 'defended' clearly includes the exercise of the right so long as the effect of the arrest continues. Before his release on bail the person defends himself against his arrest and the charge for which he is arrested and after his release on bail, against the charge he is to answer and, for answering which, the bail requires him to remain present. The narrow meaning of the word 'defended' cannot be accepted, State of Madhya Pradesh v. Shobharam, AIR 1966 SC 1910 (1917): 1966 Supp SCR 239. [Constitution of India, Art. 22(I)]...
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
Obligation
Obligation, an act which binds a person to some performance; also a bond containing a penalty, with a condition annexed for paying of money at a certain time, or for the performance of a covenant, etc.; also foreign government and other bonds and debentures.In Bhudeb Mookerjee v. Kalachand Malik, 34 Cal LJ 315: AIR 1921 Cal 129, that the word obligation in s. 54 of the Specific Relief Act may be taken to be a tie or bond which constrains a person to do or suffer something. It implies a right in another person to which it is correlated and it restricts the freedom of the obligee with respect to definite acts and forbearances but in order that it may be enforced by a court, it must be a legal obligation and not merely moral, social or religious, Hyderabad Stock Exchange Ltd. v. Rangnath Rathi and Co., AIR 1958 AP 43 (47). [Specific Relief Act, 1877, s. 54]Means 'a duty; the bond of legal necessity which binds together two or more determinate individuals. It is limited to legal duties ari...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
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