Constitutional Law - Law Dictionary Search Results
Home Dictionary Name: constitutional law Page: 4 Page 4 of about 282 results (0.005 seconds)overbreadth
overbreadth 1 : the quality or state of being overbroad [a statute void for ] 2 : a doctrine in constitutional law: a law that prohibits protected conduct (as free speech) as part of its reach may be struck down as unconstitutional if the threat to protected activity is a substantial effect and if it cannot be clearly removed ;also : a doctrine allowing a defendant accused of unprotected conduct to challenge a law for overbreadth esp. in the area of free speech ...
Delegation of subsidiary or ancillary measure
Delegation of subsidiary or ancillary measure, when a legislature is given plenary power to legislate on a particular subject there must also be an implied power to make laws incidental to the exercise of such power. It is a fundamental principle of constitutional law that everything necessary to the exercise of a power is included in the grant of the power. A legislature cannot certainly strip itself of its essential functions and vest the same on an extraneous authority. The primary duty of law making has to be discharged by the legislature itself but delegation may be resorted to as a subsidiary or an ancillary measure, Edward Mills Co. v. State of Ajmer, AIR 1955 SC 25 (32) (Constitution of India, Art. 245)....
Subject to other provisions of the Constitution
Subject to other provisions of the Constitution, means that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution of India, the latter shall prevail to the extent of that inconsistency, South India Corporation Pvt. Ltd. v. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207. (See Constitution of India, Art. 372)Subject to other provisions of the Constitution, restrictions or impediments which directly and immediately impede or hamper the free flow of trade, commerce and intercourse fall within the prohibition imposed by Article 301 and subject to the other provisions of the Constitution they may be regarded as void, State of Madras v. N.K. Natarajan Mudaliar, AIR 1969 SC 147 (154). [Constitution of India, Art. 301]...
Law relating to
Law relating to, contemplates that the relation must be real, reasonable and prominent and not far-fetched or problematical, Ram Shankar Tewari v. State, 1954 All WR (HC) 334: 1954 Cr LJ 1212: 1954 All 562.Law relating to, the effect of the amendment made in Art. 19(6) of the Constitution of India is to protect the law relating to the creation of monopoly and that means that it is only the provisions of the law which are integrally and essentially connected with the creation of the monopoly that are protected. The rest of the provisions which may be incidental do not fall under the latter part of Art. 19(6) and would inevitably have to satisfy the test of the first part of Art. 19(6), Virajlal Manilal and Co. v. State of Madhya Pradesh, AIR 1970 SC 129: (1969) 2 SCC 248: (1979) 1 SCR 400. [Constitution of India, Art. 19(6)]....
Seizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
total incorporation
total incorporation : a doctrine in constitutional law: the Fourteenth Amendment's due process clause embraces all the guarantees in the Bill of Rights and applies them to cases under state law compare selective incorporation NOTE: The total incorporation doctrine has never been adopted by a majority of the U.S. Supreme Court. The majority opinions of the Supreme Court have instead adhered to a fundamental fairness standard or applied selective incorporation in determining whether a state has violated the Fourteenth Amendment's due process clause. ...
supremacy clause
supremacy clause often cap S&C : a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary ...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Church
Church, includes any chapel or other building generally used for public Christian worship. (Christian Marriage Act, 1872, s. 3)--The Church of England is a distinct branch of Christ's Church, and is also an institution of the State (see the first clause of Magna Carta), of which the sovereign is the supreme head by Act of Parliament (1 Eliz. c. 1), but in what sense is not agreed. According to Sir Wiliam Anson, the sovereign is head of the Church, 'not for the purpose of discharging and spiritual function, but because the Church is the National Church, and as such is built into the fabric of the State' (Law and Custom of the Constitution). 'The establishment of the Churchby law,' says Lord Selborne, 'consists essentially in the incorporation of the law of the Church into that of the realm, as a branch of the general law of the realm, though limited as to the causes to which, and the persons to whom it applies; in the public recognition of its Courts and Judges, as having proper legal j...
Substantial question of law
Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...
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