Authorised By Law - Law Dictionary Search Results
Home Dictionary Name: authorised by law Page 1 of about 42 results (0.003 seconds)Authorised by law
Authorised by law, the expression 'authorised by law' means sanctioned by law while 'according to law' means in conformity with law, Shankar Kerba Jadhav v. State of Karnataka, AIR 1971 SC 840 (844) [Criminal Procedure Code 1898, s. 423(1)]...
Duly authorised
Duly authorised, 'duly authorised in this behalf' in Explanation II of, s. 19 means 'duly authorised by the debtor' and does not include duly authorised by law or by an order of the Court, Kamgarh Shah v. Jagdish Chandra, AIR 1960 SC 953 (960). [Limitation Act, (1908), s. 19, Expln. II]...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Stare decisis
Stare decisis, to abide by authorities or cases already adjudicated upon.The doctrine of precedent , under which it is necess-ary for a court to follow earlier judicial decisions when some points arise again in litigation, Black's Law Dictionary, 7th Edn., p. 1414.Stare decisis is a well-known doctrine in legal jurisprudence. The doctrine of stare decisis, meaning to stand by decided cases, rests upon the principle that law by which men are governed should be fixed, definite and known, and that, when the law is declared by a court of competent jurisdiction authorised to construe it, such declaration, in absence of palpable mistake or error, is itself evidence of the law until changed by competent authority. It requires that rules of law when clearly announced and established by a court of last resort should not be lightly disregarded and set aside but should be adhered to and followed. What it precludes is that where a principle of law has become established by a series of decisions, i...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Lawful purpose
Lawful purpose, may mean a purpose not forbidden by law or not unlawful under the statute that enacts the term or it can mean a purpose that is supported by a positive rule of law, Crafter v. Kelly, (194) SASR 237.Should be read as a purpose that is authorised, as opposed to not forbidden, by law because that meaning best gives effect to the object to the section, Taikato v. Queen, (1996) 186 CLR 454...
Illegality
Illegality, the Criminal Procedure Code, 1898 does not use the word 'illegality'. Even defects or violations that vitiate the proceedings and render them void are spoken of only as irregularities ins. 530. The word illegality was used almost for the first time in the judgment of the Privy Council, LR 28 Indian Appeals 257 (familiarly known as Subramania Aiyar's case), where they speak of a contravention of s. 234 of the Code, resulting in a misjoinder of charges, as an illegality, Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 (134): (1955) 2 SCR 1140.The Criminal Procedure Code, 1973 does not use the word 'illegality', nor defines 'irregularity' and illegality can only mean an incurable illegality, incurable because of prejudice leading to a failure of justice, Bhoor Singh v. State of Punjab, AIR 1974 SC 1256 (1261): (1974) 4 SCC 754.Means an act that is not authorised by law, Black's Law Dictionary, 7th Edn., p. 750....
Search warrant
Search warrant, an authority requiring the officer to whom it is addressed to search a house, or other place therein specified, for stolen property therein reasonably suspected to be, Larceny Act, 1861 (24 & 25 Vict. c. 96), s. 103. See Jones v. German, (1897) 1 QB 374.A judge's written order authorising a law-enforce-ment officer to conduct a search of a specified place and to seize evidence, Black's Law Dictionary, 7th Edn., p. 1353....
Brevet
Brevet, a commission conferring on an officer a degree of rank immediately above that which he holds in his particular regiment; without, however, conveying a power to receive the corresponding pay. Brevet rank does not exist in the royal navy, and in the army it neither descends lower than that of captain, nor ascends above that of lieutenant-colonel.French Law. A privilege or warrant granted by the Government to a private person, authorising a special benefit or the exercise of an exclusive privilege; Black's Law Dictionary, 7th Edn....
- << Prev.
- Next >>