Contravention - Law Dictionary Search Results
Home Dictionary Name: contraventionContravention
Contravention, an act done in violation of a legal condition or obligation; particularly any act by an heir of entail in opposition to the provisions of the deed of entail; also, the action founded on the breach of law-burrows, Bell's Dict.--Art. 13(2) provides that the law shall be void to the extent of the contravention. Contravention in the context takes place only once when the law is made, for the contravention is of the prohibition to make any law which takes away or abridges the fundamental rights. There is no question of the contravention of Art. 13(2) being a continuing matter, Mahendra Lal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019 (1030): 1963 Supp (1) SCR 912. [Constitution of India, Art. 13(2)]Contravention, in relation to any requirement of the Act, includes a failure to comply with the requirement, Betting, Gaming and Lotteries Act, 1963, s. 55(1) (UK), Halsbury's Laws of England, Vol. 4(1), para 56, p. 37....
To the extent of the contravention
To the extent of the contravention, the expression 'to the extent of the contravention' in the sub-article can only mean to the extent of the contravention of the rights conferred under that part. Rights do not exist in vacuum. They must always inhere in some person whether natural or juridical and, under Part III, they inhere even in fluctuating bodies like linguistic or religious minorities or denominations, State of Gujarat v. Ambica Mills Ltd., AIR 1974 SC 1300: (1974) 4 SCC 656: (1974) 3 SCR 760...
Illegal contract
Illegal contract, an agreement to do any act forbidden either (1) by the Common Law, such as agreements to commit a crime or tort, or as for rent of lodging let for prostitution, Jennings v. Brown, (1842) 9 M&W 496; or for price of indecent picture, Fores v. Johnes. (1802) 4 Esp 97; or in prejudice to the administration of justice, Windhill Local Board v. Vint, (1890) 45 Ch D 351; or (2) by statute, as by hire of a room for a lecture in contravention of the Blasphemy Act, Cowam v. Milbourn, (1867) LR 2 Ex 230; but see Re Bowman, (1915) 2 Ch 447, or a contract by a servant of a local authority with such authority, in contravention of s. 193 of the (English) Public Health Act, 1875; also contracts in unreasonable restraint of trade; general restraint of marriage; trading with the enemy; compounding felonies; maintenance or champerty, etc. A breach of promise of marriage by a married man pending divorce after decree nisi may be actionable, Fender v. Mildmay, (1937) 53 TLR 885. Illegality ...
Public order
Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...
Contravention
The act of contravening opposition obstruction transgression violation...
Accident to workman
Accident to workman, compensation for. (English) The Workmen's Compensation Act, 1925, provides s. 1, sub-s. (1), that if in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall be liable to pay compensation.Sub-s. (2), that an accident resulting in death or serious and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment, even if at the time of the accident he was acting in contravention of statutory regulations or of the orders of his employer, if such act was done by him for the purposes of and in connection with his employer's trade or business, see Guest v. Gaston & Co., 1927 (1) KB 1.The word 'accident' must be given its ordinary and popular sense; it has been defined as 'an unlooked for mishap or an untoward event, which is not expected or designed', Fenton v. Thorley & Co., 1903 AC 443. Thus compensation has been recovered in respect of death cau...
Agricultural Marketing Acts, 1931 to 1933
Agricultural Marketing Acts, 1931 to 1933 (English), The Act of 1931 (21 & 22 Geo. 5, c. 42) enables schemes to be made for regulating the marketing of agricultural products, foods and drinks made or derived therefrom, and fleeces and skins of animals, to establish marketing boards in connection with such schemes, to establish funds for loans to these boards, and to encourage agricultural co-operation, research and education. The Act of 1933 (23 & 24 Geo. 5, c. 31) amends and extends the 1931 Act by provisions for restrictions on the importation and sale of agricultural products and for the production of such secondary agricultural products wholly or partly manufactured or derived from another agricultural products as may be specified by an order in force under s. 7, Part II., of the Act of 1933. Schemes under the Act of 1931 may be submitted by the Minister of Agriculture and Fisheries after consultation with the Board of Trade by laying a draft before each House of Parliament, and if...
Bar, trial at
Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title...
Directors
Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...
Doctrine severability
Doctrine severability, the main test to determine severability are (i) whether the part pronounced valid can stand along and be enforceable, (ii) whether the effect is to substitute for the law intended by the legislature one they may never have been willing, Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 1, p. 220.The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)...
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