Coercion - Law Dictionary Search Results
Home Dictionary Name: coercion Page: 2Black list
Black list. The term given to any list of persons with whom the person or body compiling the list advises that no one should have dealings of the character indicated. Thus the list of defaulters on the Stock Exchange is so named, and various societies and individuals also publish lists with a similar purpose. By s. 6 of the Licensing Act, 1902 (2 Edw. 7, c. 28), there is power to put an 'habitual drunkard,' if he consents [Commissioner of Metropolitan Police v. Donovan, (1903) 1 KB 895], on a list kept by the police, and this renders him liable to a penalty on summary conviction for obtaining intoxicating liquor within three years, and the licensee or other person supplying him is also liable. See DRUNKENNESS.The publication of a black list may constitute a libel if it conveys a defamatory and untrue meaning. 'Black lists are real instruments of coercion, as every man whose name is on one soon discovers to his cost, Quim v. Leathem, 1901 AC 538; see also Ware & De Freville, Ltd. v. Mot...
Compelled testimony
Compelled testimony, 'compelled testimony' as evidence procured not merely by physical threats or violence but by psychic torture, atmospheric pressure, environmental coercion, tiring interrogative prolixity, overbearing and intimidatory methods and the like - not legal penalty for violation, Nandini Satpathy v. P.L. Dani, (1978) 2 SCC 424: AIR 1978 SC 1025 (1046): (1978) 3 SCR 608. [Constitution of India, Art. 20(3)]...
Consensus, non concubitus, facit matrimonium
Consensus, non concubitus, facit matrimonium. Co. Litt. 323, (Consent, not cohabitation, constitutes marriage.)Consent in necessary to matrimony, and therefore person non compotes mentis, or a boy under 14 or a girl under 12, or a person under coercion (see Scott v. Sebright, (1886) 12 PD 21), cannot enter into this, or indeed any other contract. But see now Age of Marriage Act,1929 (19 & 20 Geo. 5, c. 36), which avoids any marriage of persons under 16, and see MARRIAGE....
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Force majeure
Force majeure, irresistible compulsion, coercion diplomatically recognized as irresistible, Concise Oxford Dict. Compare ACT OF GOD; RESTRAINT OF PRINCES.An event or effect that can be neither anticipated no controlled, Black's Law Dictionary, p. 657.The expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges have agreed that strikes, breakdown of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', Dhanrajamal Gobindram v. Shamji Kalidas and Co., AI...
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
Strike
Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...
Testimonial compulsion
Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part, Subedar v. State, AIR 1957 All 396: 1957 All LJ 263...
Coercion
The act or process of coercing...
Voluntary
Voluntary, acting without compulsion; doing by design, without a consideration in return. See VOLUNTEER.1. Done by design or intention 2. Unconstrained by interference; not impelled by outside *** 3. Without valuable consideration; gratuitous, Black's Law Dictionary, 7th Edn., p. 1569.Means (i) some promise of advantage or some threat, (ii) of a temporal character, (iii) held out or made by a person in authority, and (iv) relating to the charge in the sense that it implies that the accused's position in the contemplated proceedings will or may be better or worse according to whether of not the statement is made, R. v. Power, (1966) 3 All ER 433; see also Gurdeep Singh v. State (Delhi Admn.), (2000) 1 SCC 498.Means a statement made of the free Will and accord of accused, without coercion, whether from fear of any threat of harm, promise, or inducement or any hope of reward, State v. Mullin, 85 NW 2d 598, see also Words and Phrases, Permanent Edn., Vol. 44, p. 622.Means that one who make...
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