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Home Dictionary Name: case stated Page: 2 Page 2 of about 235 results (0.006 seconds)Malice in law
Malice in law, Acting on a legally extraneous or obviously misconceived ground of action would be case of 'malice in law', Regonal Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766 (1771): (1976) 3 SCC 334: (1976) 3 SCR 540.'Malice' in its legal sense means malice such as may be assumed from the doing of a wrongful act intentionally but without just cause or excuse, or for want of reasonable or probable cause, S.R. Venkataraman v. Union of India, AIR 1979 SC 49 (51): (1979) 2 SCC 491: (1979) 2 SCR 202.Malice in legal sense means an act done wrongfully and without reasonable and provable cause (Law of Torts)Legal malice or 'malice in law' means 'something done without lawful excuse'. In other words, 'it is an act done wrongfully and wilfully without reasonable or probable cause, and not noiselessly an act done from ill feeling and spite'. It is a deliberate act in disregard of the right of others. Where malice is attributed to the State, it can never be a case of personal ill-will or spite...
Extradition
Extradition, the surrender by a foreign state of a person accused of a crime to the state where it was committed, in order that he may be tried there. It is recognized as a duty, independent of treaty, by international law, but is usually the subject of treaty terminable at one year's notice. The (English) Extradition Act, 1870 (33 & 34 Vict. c. 52), 'as to the whole of His Majesty's dominions' provides (s. 2) that where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides for the arrangements and procedure regarding extradition, see R. v. Daye, (1908) 2 KB 333, and imposes various restrictions thereon, e.g., in regard to political offences. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), adds offences in connection...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Reasonableness and in public interest
Reasonableness and in public interest, the integra-tion of Articles 14, 19 and 21 analysed by this Court in Maneka Gandhi v. Union of India, (1978) 2 SCR 621: (1978) 1 SCC 248, clearly demonstrates that the requirements of reasonableness runs like a golden thread through the entire fabric of fundamental rights and, as several decisions of this court show, this concept of reasonableness finds its positive manifestation and expression in the lofty ideal of social and economic justice which inspires and animates the directive principles. It has been laid down by this court in E. P. Royappa v. State of Tamil Nadu, (1974) 2 SCR 348: (1974) 4 SCC 3) and Maneka Gandhi case, (1978) 2 SCR 621: (1978) 1 SCC 248 that Article 14 strikes at arbitrariness in State action and since the principle of reasonableness and rationality, which is legally as well as philoso-phically an essential element of equality or non-arbitrariness, is projected by this Article, it must characterise every governmental act...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
Governor
Governor. In Dominions and Colonies usually the name of the representative of the King and the head of the local executive with powers limited by his commission, Cameron v. Kyte, (1835) 3 Knapp 332. In the Dominions of Canada, the Irish Free State and Union of South Africa, called the 'Governor-General'; in New Zealand and Newfoundland, the 'Governor.' In India the head of the Executive of the Indian Federation, who may also be His Majesty's representative [Government of India Act, 1936 (25 & 26 Geo. 5, c. 42)]. In Northern Ireland, the 'Governor.' Interpretation Act, 1889, ss. 18 and 42, provides that in all Acts passed after that year the word 'Governor' when used with reference to Canada shall mean the Governor-General or the person having his powers for the time being, and with reference to any other British possession shall include the officer for the time being administering the government thereof.Governor, includes an officer for the time being in charge of the prison, subject t...
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Administrative Tribunal
Administrative Tribunal, in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (aa)]...
Reservation
Reservation, a keeping aside or providing. See SACRAMENT. Reservation of the Sacrament is an offence punishable by deprivation, Oxrofd (Bishop) v. Henly, 1909 P. 319.As to a reservation in a conveyance and how it differs from an exception, see title EXCEPTION.Reservation is not a constitutional compulsion but is discretionary according to the ruling of this Court in Rajendran's case. State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.'Reservation' was something different from the 'selection' of permissible area. The two terms were not only not synonymous but were mutually exclusive. 'Selection' of permissible area was allowed only to a landlord who had not exercised his right of 'reservation', Lajpat Rai v. State of Punjab, AIR 1981 SC 1401: (1981) 3 SCC 94: (1981) 3 SCR 590.The creation of a new right or interest, by and for the grantor, in real property being granted to another, Black's Law Dictionary, 7th Edn., p. 1309.Mans the reservation of post in...
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