Compelling Reasons - Law Dictionary Search Results
Home Dictionary Name: compelling reasonsSubstantial 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 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)]...
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...
stare decisis
stare decisis [New Latin, to stand by things that have been settled] : the doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice with departure from precedent permitted for compelling reasons (as to prevent the perpetuation of injustice) ...
Equality of the statute
Equality of the statute, the judicial rule of law for interpreting statutes applies the grammatical approach, thereby to bring out the value judgment incorporated in the statute itself. Sometimes it is called the 'equity of the statute'. Words must be given their 'literal' or 'ordinary' meaning unless there are compelling reasons, recognised by canons of construction, to the contrary, Authorised Officer v. S. Naganatha Ayyar, (1979) 3 SCC 466: AIR 1979 SC 1192....
Compelled
Compelled, the word, 'compelled' ordinarily means 'by force'. This may take place positively and negatively. When one forces one to act in a manner desired by him it is compelling him to do that thing. Same may take place when one is prevented from doing a particular thing unless he agrees to do as desired. In either case it is compulsion, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (763): 1994 SCC (Cri) 899....
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"] ...
compelling
compelling : that compels : tending to demand action or to convince [a need for disclosure] [a argument] ...
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)]...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
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