Assault - Law Dictionary Search Results
Home Dictionary Name: assault Page: 3Breach of peace
Breach of peace, is the criminal offence of creating a public disturbance or engaging in disorderly conduct particularly by making an unnecessary or distracting noise, Black Law Dictionary, 7th Edn., p. 183.Breach of peace, takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough; thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a Magistrate or Police Officer to preserve the peace unbroken, hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest; R.F.V. Heuston, Salmond on the Law of Torts, 131 (17th Edn., 1977).Means a disturbance of public peace order, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Breach of peace, offences against the public, which are either actual violations of the peace, or c...
Personal injuries
Personal injuries, do not mean injuries to the body alone but all injuries to a person other than those which cause death and that the relevant words must be read ejusdem generis with the words 'defamation and assault' and not with the assault alone, M. Veerappa v. Evelyn Sequeira, AIR 1988 SC 506: (1988) 1 SCC 556. [Indian Succession Act, 1925, s. 306]Personal injuries, includes any disease and any impairment of a person's physical or mental condition. [Interest Act, 1978, s. 2 (d)]...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Trespass
Trespass [fr. transgressio, Lat.], any transgression of the law, less than treason, felony, or misprision of either.An unlawful act committed against the person or property of another esp. wrongful entry on another's real property, Black's Law Dictionary, 7th Edn.The action of trespass lies where a trespass has been committed either to the plaintiff's person or property. A trespass is an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence, though none is actually used, where the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence an assault and battery is an instance; of implied, a peaceable but wrongful enter upon the plaintiff's lands, Steph. Plead., 7th Edn., 11, 37, 154. As to trespass on the case, see CASE and VI ET ARMIS.Trespass, as an unlawful act committed against a person and property of another, Black's Law Dictionary (7th E...
Modesty
Modesty, as 'womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct; reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Oxford English Dictionary (1993 Edn.); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, as freedom from coarseness, indelicacy or indecency; a regard for propriety in dress, speech or conduct, (Webster's Third New International Dictionary); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, can be described as the quality of being modest; and in relation to a woman , 'womanly propriety to behaviour; scrupulous chastity of thought, speech and conduct.' It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Aman Kumar v. State of Haryana, (2004) 4 SCC 379 (389). (Indian Penal Code, s. 354)--the essential ingredients of the offence unders. 354, IPC are as under:(i) that the person assaulted must be a wom...
Viol
Viol [old law, Fr.], rape, indecent assault, Barr. on Stat. 139....
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
Conventry Act (English)
Conventry Act (English) (22 & 23 Car. 2, c. 1), by which it was made a capital felony to disable with intent to disfigure,so called because it was passed in consequence of an assault upon Sir John Coventry. Repealed y 9 Geo. 4, c. 31, s. 1....
Criminal Law
Criminal Law. Consult Archbold's Criminal Pleading; Chitty's Statutes, tit. 'Criminal Law'; Stephen's Digest of the Criminal Law; Russell on Crimes; and see titles ARSON, ASSAULT, BURGLARY, EMBEZZLE-MENT, FALSE PRETENCES, LARCENY, MAN-SLAUGHTER, MURDER, RAPE, TREASON, and WOUNDING.The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishment for convicted offenders, Black's Law Dictionary, 7th Edn....
Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
- << Prev.
- Next >>