Condemnable - Law Dictionary Search Results
Home Dictionary Name: condemnable Page: 2Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Condemnatory
Condemning containing or imposing condemnation or censure as a condemnatory sentence or decree...
Client
Client [fr. cliens, Lat., said to contain the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor's costs (English) (Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), s. 81). The relation between solicitor and client is a highly confidential one, and the power which his situation gives the former over the latter makes it impossible to be perfectly assured, in certain cases, whether in their transactions the client is a free agent, or under influence and imposition. A Court of Equity, therefore, ...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Cruel and unusual treatment
Cruel and unusual treatment, contrary to s. (5) 2(b) of the constitution of offer a condemned man the possibility of obtaining an international determina-tion material to the question of commutation, but then to improve arbitrary restriction which prevent him having a reasonable opportunity to obtain a substantive conclusion, Briggs v. Baptiste (PC), (2000) 2 AC LR 40.No cruel and unusual punishment should be inflicted therefore in itself prevents hanging being adopted as the method of execution for the reasons which he (accused) has put forward and nothing in the constitution invalidates that existing law, Boodram v. Baptiste (PC), (1991) 1 WLR 1711 [Bill of Rights, 1689 (UK)....
Criminal Charge
Criminal Charge, that in determining whether proceedings for condemnation constituted a 'criminal charge' for the purpose of Article 6 of the convention the court had to consider, Regina (Mudie) v. Dover Magistrates' Ct (CA), (2003) 2 WLR 1344.The court concludes as did the chamber that the nature of the charges together with the nature and severity of the penalties, were such that the charges against the applicants constituted criminal charges with in the meaning of Article 6 of the Convention which article applied to their adjudication hear-ings, R. (Napier) v. Home Secretary (QBD), (2004) 1 WLR 3056. [Human Rights Act, 1998, Art. 6]Possesses an autonomous meaning in the European Court of Human Rights jurisprudence. It is also true that the first of the three criteria, that is the domestic classification of the proceedings, is treated as no more than a starting point, Regina (Mudie) v. Dover Magistrates' Ct, (2003) LR 1238 QB (CA)....
Corium forisfacere
Corium forisfacere, applied to a person condemned to be whipped; anciently the punishment of a servant. Corium perdere, the same. Corium redimere, to compound for a whipping, Jac. Law Dict....
Confiscation
Confiscation, the condemnation and adjudication of property to the public treasury, as of goods seized under the Customs Acts. See FORFEITURE.Means once a confiscation proceeding is initiated, the said power cannot be exercised by the Magistrate, State of West Bengal v. Sujit Kumar Rana, (2004) 4 SCC 129....
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur [Lat.], A person confessing a judgment is deemed as adjudged, and in a manner is condemned by his own sentence....
Closed
Closed, It is true courts have condemned the practice of executing courts using expressions like 'closed', 'closed for statistical purposes', 'struck off', 'recorded' etc., and they also pointed out that there was no provision in the Code of Civil Procedure for making such orders, Pentapati China Venkanna v. P. Bangararaju, (1964) 6 SCR 251: AIR 1964 SC 1454 (1457). [Civil PC (5 of 1908), s. 48]...
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