Constitutional Immunity - Law Dictionary Search Results
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privileges and immunities clause
privileges and immunities clause often cap P&I&C 1 : a clause in Article IV of the U.S. Constitution stating that the citizens of each state of the U.S. shall be entitled to all the privileges and immunities of citizens of the other states 2 : a clause in Amendment XIV to the U.S. Constitution stating that no state shall make or enforce any law that abridges the privileges or immunities of the citizens of the U.S. called also privileges or immunities clause ...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Paramount parchment
Paramount parchment, term denoting the Constitution of India. '...the immunity of the judiciary must be studied with aware allegiance to the scheme and sweep of the Constitution, with insightful homage to the soul of the paramount parchment.' [Union of India v. Sankalchand, AIR 1977 SC 2328 (2366), para 66]. (Justice V.R. Krishna Iyer)...
state action
state action 1 : an action that is either taken directly by the state or bears a sufficient connection to the state to be attributed to it NOTE: State actions are subject to judicial scrutiny for violations of the rights to due process and equal protection guaranteed under the Fourteenth Amendment to the U.S. Constitution. Such an action may be the subject of a claim brought under federal law (as section 1983) by one alleging a violation of constitutional rights, privileges, or immunities. 2 : state efforts to displace competition with regulation or a state-supervised monopoly NOTE: Such efforts are immune from antitrust liability. ...
Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
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...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
right
right [Old English riht, from riht righteous] 1 a : qualities (as adherence to duty or obedience to lawful authority) that together constitute the ideal of moral propriety or merit moral approval b : something that is morally just [able to distinguish from wrong] 2 : something to which one has a just claim: as a : a power, privilege, or condition of existence to which one has a natural claim of enjoyment or possession [the of liberty] [that all men…are endowed by their Creator with certain unalienable s "Declaration of Independence"] see also natural right b : a power, privilege, immunity, or capacity the enjoyment of which is secured to a person by law [one's constitutional s] c : a legally enforceable claim against another that the other will do or will not do a given act [the defendant may be under a legal duty…to exercise reasonable care for the plaintiff's safety, so that the plaintiff has a corresponding legal to insist on that care "W. L. Prosser and W. P. K...
Legal fiction
Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...
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