Circumstance - Law Dictionary Search Results
Home Dictionary Name: circumstanceOtherwise than under normal circumstances
Otherwise than under normal circumstances, means death not being in the usual course but apparently under suspicious circumstances if not caused by burns or bodily injury, Shanti v. State of Haryana, 1991 (1) SCC 371.The terms 'normal circumstances' apparently means not the natural death. The expression 'other-wise than under normal circumstances' would mean the death not in usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2334): (2000) 3 SCC 207. (Indian Penal Code, s. 304B)Otherwise than under normal circumstances, would mean death not in the usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, (2000) 5 SCC 207....
mitigating circumstance
mitigating circumstance : a circumstance in the commission of an act that lessens the degree of criminal culpability [was convicted of manslaughter rather than murder because of mitigating circumstances] ;also : a circumstance or factor relating to an offense or defendant that does not bear on the question of culpability but that receives consideration by the court esp. in lessening the severity of a sentence [the mitigating circumstance of the defendant's terminal illness] compare aggravating circumstance ...
Circumstances
Circumstances, The 'circumstances' contemplated by s. 489(1) (now s. 127 of Cr PC,1973) must include financial circumstances and in that view, the inquiry as to the change in the circumstances must extend to a change in the financial circumstances of the wife, Bhagwan Dutt v. Kamla Devi (1975) 2 SCR 483: (1975) 2 SCC 386: AIR 1975 SC 83 (86).Circumstances would ordinarily mean situations or events extraneous to the activities of a concerned person or a group of persons, such as riots, disorders, tensions, religious, racial, regional or linguistic or other such commotions, which might by their pre-existence accentuate the impact of such activities affecting the security of the country or a part of it or the public order, Sambhu Nath Sarkar v. State of West Bengal, (1973) 1 SCC 856: (1974) 1 SCR 1: AIR 1973 SC 1425 (1439).An accompanying or accessory fact, event or condition, such as a piece of evidence that indicates the probability of an event, Black's Law Dictionary, 7th Edn....
Suspicious circumstances
Suspicious circumstances, any and every circum-stances is not a 'suspicious' circumstances. A circumstance would be 'suspicious' when it is not normal or is not normally expected in normal situation or is not expected of a normal person, Indu Bala Bose v. Manindra Chandra Bose, AIR 1982 SC 133 (134): (1982) 1 SCR 1188: (1982) 1 SCC 20. (Succession Act, 1925, ss. 74, 63)Means any and every circumstance is not a 'suspicious' circumstance. A circumstance would be 'suspicious' when it is not normal or not normally expected in a normal situation or is not expected of a normal person, Indu Bala Bose v. Mahindra Chandra Bose, (1982) 1 SCC 20....
aggravating circumstance
aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...
Changed Circumstances
Changed Circumstances, what the words ' 'changed circumstances' mean is the change in circumstances due to transfer of power in August 1947 and the coming into force of the Constitution in January 1950, and no more. Therefore when Art. 314 speaks of 'rights as similar thereto as changed circumstance may permit', it only means that a member of the former Secretary of State's Services would have rights similar to his pre-existing rights as the changed circumstances resulting from constitutional changes may allow, R.P. Kapur v. Union of India, AIR 1964 SC 787 (791): (1964) 5 SCR 431. [Constitution of India, Art. 314]...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
On the fact and in the circumstances of the case
On the fact and in the circumstances of the case, when the question referred to the High Court speaks of 'on the facts and in the circumstances of the case', it means on the facts and circumstances found by the Tribunal and not about the facts and circumstances that may be found by the High Court, Karnani Properties Ltd. v. Commissioner of Income Tax, AIR 1972 SC 2315: (1971) 3 SCC 568: (1972) 1 SCR 457....
exigent circumstances
exigent circumstances : circumstances that are of such urgency as to justify a warrantless entry, search, or seizure by police when a warrant would ordinarily be required compare knock and announce rule no-knock search warrant at warrant ...
In similar circumstances
In similar circumstances, The phrase 'in similar circumstances' occurring in clause (a) governs only 'similar accommodation' and not the word 'same', Miran Devi v. Birbal Dass, AIR 1977 SC 2191: (1977) 3 SCC 496. [E.P. Urban Rent Restriction Act, 1949, s. 4(2) (a)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial