Compelling - Law Dictionary Search Results
Home Dictionary Name: compellingCompelling reasons
Compelling reasons, the expression 'compelling reasons' in the contest of making an order for detention of a person already in custody implies that there must be cogent material before the detaining authority on the basis of which it may be satisfied that (a) the detenu is likely to be released from custody in the near future and (b) taking into account the nature of the antecedent activities of the detenu, it is likely that after his release from custody he would indulge in prejudicial activities and it is necessary to detain him in order to prevent him from engaging in such activities, Dharmendra Suganchand Chelanat v. Union of India, AIR 1990 SC 1196 (1201): (1990) 1 SCC 746. [Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, s. 3 (1)]...
Substantial and compelling reasons
Substantial and compelling reasons, the different phraseology used in the judgments of this Court, such as, (i) 'substantial and compelling reasons', (ii) 'good and sufficiently cogent reasons', and (iii) 'strong reasons' are not intended to curtail the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and to come to its own conclusion; but in doing so it should not only consider every matter on record having a bearing on the questions of fact and the reasons given by the court below in support of its order of acquittal in its arriving at a conclusion on those facts, but should also express those reasons in its judgment, which lead it to hold that the acquittal was not justified, Sanwat Singh v. State of Rajasthan, AIR 1961 SC 715 (719): (1961) 3 SCR 120....
compelling
compelling : that compels : tending to demand action or to convince [a need for disclosure] [a argument] ...
compelling state interest
compelling state interest see interest ...
compel
compel com·pelled com·pel·ling : to cause to do or occur by overwhelming pressure and esp. by authority or law [cannot the defendant to testify] [the result…is compelled by, the original understanding of the fourteenth amendment's equal protection clause "R. H. Bork"] ...
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)]...
Compellable
Capable of being compelled or constrained...
Compeller
One who compels or constrains...
Reasonable
Reasonable, has in law prima facie meaning of reasonable in regard to those circumstances of which the actor, called upon to act reasonably knows or ought to know, Gujarat Water Supply & Sewerage Board v. Unique Erectors (Gujarat) Pvt. Ltd., (1989) 1 JT SC 157: (1989) 39 ELT 493: AIR 1989 SC 973; Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Reasonable, has in law the prima facie meaning of reasonable in regard those circumstances of which the actor, called on to act reasonably, knows or ought to know, Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Means rational, according to dictate of reason and not excessive or immoderate. If something is not per se preposterous or absurd, it must he held to be reasonable. 'The action is called reasonable which an informed, intelligent, just minded, civilized man could rationally favour. The concept of reasonable-ness does not exclude notions of morality and ethics. In the circumstances of a given case consi-derations of morality and ethics may have...
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
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