Coercion - Law Dictionary Search Results
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coercion : the use of express or implied threats of violence or reprisal (as discharge from employment) or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to act against his or her will ;also : the defense that one acted under coercion see also defense, duress compare undue influence ...
Coercion
Coercion, coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. (Contract Act, 1872, s. 15)...
unfair labor practice
unfair labor practice : any of various acts by an employer or labor organization that violate a right or protection under applicable labor laws NOTE: The unfair labor practices that are specified in the National Labor Relations Act are the following: 1) the interference, restraint, or coercion of employees in the exercise of their rights by an employer; 2) domination of a labor organization by an employer; 3) encouragement or discouragement of union membership by discrimination in hiring or conditions of employment by an employer; 4) discrimination against an employee for filing charges of or testifying regarding an unfair labor practice by an employer; 5) refusal of an employer to bargain with the collective bargaining agent; 6) restraint or coercion of employers or employees by a labor organization; 7) coercion of an employer by a labor organization to discriminate against an employee; 8) refusal of a labor organization to bargain collectively with an employer; 9) engaging in ill...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
Coverture
Coverture, the condition of a woman during marriage, because she was then presumed to be under the influence of her husband, so as to be excused from punishment for crimes committed in his presence, except treason, murder, and manslaughter [see Reg. v. Manning, (1849) 2 C&K 903]; but the presumption maybe rebutted [Reg. v. Torpey, (1871) 12 Cox CC 45]. The Criminal Justice Act, 1925 (c. 86), s. 47, abolishes this presumption of coercion by the husband, but on a charge for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presene of, and under the coercion of the husband. See further HUSBAND AND WIFE....
Free consent
Free consent, defined, Consent is said to be free when it is not caused by--(1) coercion, as defined in s. 15, or(2) undue influence, as defined in s. 16, or(3) fraud, as defined in s. 17, or(4) misrepresentation, as defined in s. 18, or(5) mistake, subject to the provisions of ss. 20, 21 and 22.Consent is said to be caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. [Contract Act, (9 of 1872), s. 14]...
Organised crime
Organised crime, in Europe, the terms 'organised crime' and 'professional crime' are largely inter-changeable. As compared to American standards, the European criminal orgainsations are small-scale and short-lived. Such crimes are defined as involving system of specifically defined relation-ship with mutual obligation and privileges and association of a small group of criminals for the execution of the intended crime. The eruption of organised crime in India is of recent origin and is at the initial stage. It is the need of the hour to control such criminal activities which tempt the persons involved to amass huge profit. Such crimes have not only a legal facet but have a social and economic aspect which is required to be felt and dealt with by all concerned including the judiciary, the executive, the politicians, the social reformers, the intelligentsia and the law enforcing agency, State of Maharashtra v. Bharat Chaganlal Raghani, (2001) 9 SCC 1.Means any continuing unlawful activity...
Voluntarily
Voluntarily, a person is said to cause an effect 'voluntarily' when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. (Indian Penal Code, 1860, s. 39)Intentionally; without coercion, Black's Law Dictionary, 7th Edn., p. 1569.The crux of making statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which implies him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for...
Enforce
Enforce, has been attributed a meaning to give force or effect to; to compel obedience to (Black Law Dictionary) see also Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573.In general, to cause to be executed or performed, to cause to take effect, or to compel obedience to, as to enforce laws or rules; to control; to execute with vigor; to put in execution; to put in force: also to exact, or to obtain authoritatively. The word is used in a multiplicity of ways and is given many shades of meaning and applicability, but it does not necessarily imply actual force or coercion. As applied to process, the term implies execution and embraces all the legal means of collecting a judgment, including proceedings supplemental to execution (corpus juris secundum) Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573....
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