Attorney General - Law Dictionary Search Results
Home Dictionary Name: attorney general Page: 4Bad faith
Bad faith, is the opposite of good faith, generally implying or involving, but not limited so, actual or constructive fraud, or a design to mislead or deceive another, or any other sinister motive. Conceptually bad faith can be understood as a 'dishonest intention', Harrison v. Telon Valley Trading Co. Ltd., (2004) 1 WLR 2577.Bad faith, is more appropriate to a consideration of commercial dealings and should not routinely be introduced into a criminal trial because it might confuse to jury and deflect them from their task of deciding whether the public office had been abused by the conduct of office holder, although there might be cases in which the concept of bad faith might be relevant to an assessment of the standard of the defendant's conduct, Attorney-General's Ref. No. 3 of 2003, (2005) LR 73 (QB): (2004) EWCA Crim 868....
Abuse of process
Abuse of process, Actions manifestly frivolous or brought against good faith will be stayed as an abuse of the process of the court. See, e.g., Edmunds v. Attorney-General, (1878) 47 LJ Ch 345. As to an action or defence which appears on the Pleadings to be frivolous or vexatious, see R.S.C., Ord. XXV., r. 4, and also VEXATIOUS ACTION and BILL OF PEACE.Second complaint would amount to abuse of process of court where first complaint was dismissed after considering evidence, Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, AIR 1962 SC 876: (1962) 1 Cr LJ 770.Abusing the process of the court is a term generally applied to proceeding which is wanting in bona fides and is frivolous, vexatious, or oppressive. Making use of the process of the Court as a device to help the jurisdiction of a civil court amounts to an abuse of the process of the Court, Narapa Reddy v. Jagarlamudi Chandramouli, AIR 1967 AP 219 (230). (Contempt of Courts Act, 1952, s. 3)...
interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
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...
Jervis's Acts
Jervis's Acts, (English) 11 & 12 Vict. cc. 42 (the Indictable Offences Act,1848), 43 (the Summary Jurisdiction Act, 1848), and 44 (the Justices Protec-tion Act, 1848), regulating (1) the commitment by justices of persons accused of indictable offences; (2) the summary conviction by justices of persons charged with trivial offences: and (3) the bringing of actions against justices-so called because they were prepared and passed through Parliament by Chief Justice Jervis, then Attorney-General, in 1848. These Acts, as amended, are still in force....
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Legitimate expectation
Legitimate expectation, However, the more important aspect is whether the decision-maker can sustain the change in policy by resort to wednesbury principles of rationality or whether the court can go into the question whether the decision-maker has properly balanced the legitimate expectation as against the need for a change, Punjab Communications Ltd. v. Union of India, (1999) 4 SCC 727.Legitimate expectation, is a latest recruit to a long list of concepts fashioned by the courts for review of administrative actions, Confederation of Ex-Servicemen Assns. v. Union of India, (2006) 8 SCC 399.It is still at a stage of evolution. The principle is at the root of the rule of law and requires regularity, predictability and certainty in the Government's dealings with the public. The procedural part of it relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made.Means the expectations may be based on some statement or undertaking by,...
Nolle prosequi
Nolle prosequi (to be unwilling to prosecute) was a proceeding in the nature of an undertaking by the plaintiff when he had misconceived the nature of the action, or the party to be sued, to forbear to proceed in a suit altogether, or as to some part of it, or as to some of the defendants. It differed from a non pros., which put a plaintiff out of Court with respect to all the defendants. See now DISCNTINUANCE. The King by his Attorney-General may enter a nolle prosequi on an information or indictment: this does not operate as a bar to anew indictment. Consult Jac. Law Dict.; Robertson, 'Civil Proceedings.'...
Peerage
Peerage, the dignity of the lords, or peers of the realm. Where, on the death of a peer, doubts arise respecting the devolution of his dignity, and in all cases of long abeyance or other non-enjoyment of a peerage, the Lord Chancellor will not issue his writ of summons to a claimant without a previous investigation of his title, in order to which the claimant must present a petition to the Crown through the Home Secretary, which the Crown then refers to the Attorney-General, and in most cases the claim is subsequently referred to the Lords Committee for Privileges. For the practice and procedure in peerage claims, see Hubback on Succession, p. 84; Shrewsbury Peerage,(1857) 7 HLC 1; Palmer's Peerage Law in England. In modern practice the creation of a peerage must be shown to have taken place either by writ, or by letters patent; the latter mode of creation was introduced in the eleventh year of Ric. 2. If the claim is by writ, actually sitting in Parliament is also essential, for until...
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