Civil Consequences - Law Dictionary Search Results
Home Dictionary Name: civil consequencesCivil consequences
Civil consequences, 'civil consequences' covers infraction of not merely property or personal right but of civil liberties, material deprivations and non-pecuniary damages. In its comprehensive connotation every thing that affects a citizen in his civil life inflicts a civil consequence, P.K. Yadav v. J.M.A. Industries Ltd., (1993) 3 SCC 259 (267). [Constitution of India, Art. 14]...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
civil death
civil death : the status of a living person equivalent in its legal consequences to natural death ;specif : deprivation of certain civil rights upon conviction for a serious crime ...
As it deems fit
As it deems fit, the expression 'as it deems fit' has been used but in view of the fact that civil consequences would ensue by reason thereof, the same must be exercised fairly and bona fide. The discretion so exercised is subject to appeal as also judicial review, and, thus, must also answer the test of reasonableness, Clariant International Ltd. v. Securities and Exchange Board of India, (2004) 8 SCC 524 (539): AIR 2004 SC 4236....
Compulsory retirement
Compulsory retirement, compulsory retirement does not involve civil consequences and therefore it is not necessary to afford to a Government servant an opportunity to show cause against his compulsory retirement, E. Vankateswara Naidu v. Union of India, (1973) 1 SCC 361: AIR 1973 SC 698 (701): (1973) 3 SCR 216.The heading 'Compulsory Retirement' is wide enough to include premature retirement within its fold, S.C. Jain v. State of Haryana, (1985) 4 SCC 645: AIR 1986 SC 169: (1985) Supp 3 SCR 727.A compulsory retirement does not amount to dismissal removal and, therefore, does not attract the provisions of Article 311 of the Constitution, Shyamlal v. State of Uttar Pradesh, AIR 1954 SC 369 (375): (1955) 1 SCR 26. [Constitution of India, Art. 311]For the judicial officers allowed to superannuate at the age of 58 years and the expressions such as compulsory retirement on attaining the age of 58 years according to the procedure for compulsory retirement under the rules, Bishwanath Prasad Si...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Revocation of a licence
Revocation of a licence, a 'revocation' of a licence means that the licence has not been suspended but cancelled for all times to come entailing civil consequences and complete abolition of the right for the exercise of which the licence was granted, Laxmi Khandsari v. State of U.P., AIR 1981 SC 873 (894): (1981) 2 SCC 600: (1981) 3 SCR 92. [Sugarcane (Control) Order, 1986, O. 18]...
natural and probable consequence
natural and probable consequence : a consequence that one could reasonably expect to result from an act [the injury was determined to be a natural and probable consequence of the defendant's negligence] ...
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...
Civil nature
Civil nature, The word 'civil' according to dictionary means 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as 'relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings'. In law it is understood as an antonym of criminal. Historically the two broad classifications were civil and criminal. Revenue, tax and company etc. were added to it later. But they too pertain to the larger family of 'civil'. There is thus no doubt about the width of the word 'civil'. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature. In Article 133 of the Constitution an appeal lies to this Court against any judgment, decree or order in a 'civil proceeding'. The word 'nature' has been defined as 'the fundamental qualities of a person or thing; identity or essential character; sort; kind; character'....
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