Constructive Contempt - Law Dictionary Search Results
Home Dictionary Name: constructive contemptconstructive contempt
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contempt
contempt 1 : willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court's orders ;also : the offense of contempt called also contempt of court civil contempt : contempt that consists of disobedience to a court order in favor of the opposing party NOTE: The sanctions for civil contempt end upon compliance with the order. constructive contempt : indirect contempt in this entry criminal contempt : contempt consisting of conduct that disrupts or opposes the proceedings or power of the court NOTE: The sanctions for criminal contempt are designed to punish as well as to coerce compliance. direct contempt : contempt committed in the presence of the court or in a location close enough to disrupt the court's proceedings in·di·rect contempt : contempt (as disobedience of a court order) that occurs outside of the presence of the court 2 : wi...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Construction
Construction, 'construction' does not necessarily mean construction over the land which must rise above the surface of the land in all contingencies, Jnanedaya Yogam v. K.K. Pankajashy, AIR 1999 SC 3891 (3895): (1999) 9 SCC 492. [Land Acquisition Act, (1 of 1894), s. 40(1)(b)]As to construction of statutes, see ACT OF PARLIAMENT; and of contracts, see Chitty on Contracts, Ch. v.; and of deeds, see Norton on Interpretation of Deeds.Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegerit. 3 Rep. 52.--(No one can rightly understand any part until he has read the whole again and again.)In contractibus benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. Co. Lit. 112.--(In contracts, the construction ought to be liberal; in wills, more liberal; in restitutions, most liberal.)Includes any construction in place of an existing building which has been wholly or substantially demolished, Lal Chand v. District Judge...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Encroachment and unauthorised construction
Encroachment and unauthorised construction, there is a distinction between the two concept namely unauthorised construction and raising of construc-tion or encroached land. As far as the first facet is concerned, it fundamentally conveys that a con-struction has been raised without obtaining approved plan or map from the competent au-thority, raising of construction in total transversion of the master plan and rasing of a construction without sanctioned plan or map and in deviation in the construction which are within the compound-able on one's own land. As far as the second facet i.e. construction on the raising land is concerned it is construction raised by a person on the land of the State Government or any public authority, Panital Chowk v. State of Madhya Pradesh, AIR 1906 NOC 299....
civil contempt
civil contempt see contempt ...
contempt of court
contempt of court :contempt ...
criminal contempt
criminal contempt see contempt ...
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