Corruption - Law Dictionary Search Results
Home Dictionary Name: corruption Page: 3Commission Agent or Broker
Commission Agent or Broker, means a person who in the ordinary course of business makes contracts for the sale or purchase of excisable goods for others. [Central Excise Act, 1944 (1 of 1944), s. 2 (aaa)]In commerce, the order by which anyone traffics or negotiates for another; also, and much more frequently, the percentage given to factors or agents for transacting the business of others.Earning Commission.--Commission may be earned by bringing contracting parties together, although an actual contract may not be made, Green v. Bartlett, (1863) 32 LJCP 261. From a contract to employ for a time certain on commission may be implied a contract to give opportunity to earn the commission throughout the time, Turner v. Goldsmith, 1891 (1) QB 544; Warren v. Agdeshman, 38 TLR 588].Commission from the other Party.--That an agent employed by his principal to sell or otherwise to negotiate with another take a pecuniary or other benefit from that other for himself as part of the negotiation, expre...
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
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...
Demoralization
The act of corrupting or subverting morals Especially The act of corrupting or subverting discipline courage hope etc or the state of being corrupted or subverted in discipline courage etc as the demoralization of an army or navy...
Simony
Simony, ['payment for things spiritual'] the corrupt presentation of, or the corrupt agreement to present any one to an ecclesiastical benefice for reward. It is derived from Simon Magus, who offered money to the Apostles for the power to work miracles (Acts viii. 18-24). It is an offence by statute 31 Eliz. c. 6, which by s. 5, 'for the avoiding of simony,' directs that the corrupt presentation shall be void, and the presentation shall go to the Crown, and the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), required a declaration against simony to be subscribed by every person about to be instituted or collated to any benefice or to be licensed to any perpetual curacy, lectureship, or preachership. This declaration, which was only to the effect that the declarant had not been party to any contract to the best of his knowledge simoaniacal, is now superseded by a far more effective and specific declaration scheduled to the Benefices Act, 1898 (61 & 62 Vict. c. 48), which declara...
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
Obscene
Obscene, means if there be no abstract definition ........ Should not the word 'obscene' be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now, United States v. Kennerley, 209 F 119 (121) (S.D.N.Y. 1913).Obscene, the Indian Penal Code borrowed the word from the English Statute. The Common law offence of obscenity was established in England three hundred years ago when Sir Charles Sedley exposed his person to the public gaze on the balcony of a tavern. Obscenity in books, however, was punishable only before the spiritual courts because it was so held down to 1708 in which year Queen v. Read, 11 Mod 205 QB, was decided, In 1727 in the case against one Curl it was ruled for the first time that it was a Common Law offence, Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881 (887): (1965) 1 SCR 65. (Indian Penal Code, s. 292)The concept of obscenity would differ from country to country dependin...
Relief
Relief, legal remedy for wrongs, etc.; charitable assistance.A payment made by an heir of a feudal tenant to the feudal lord for privilege of succeeding to ancestor's tenancy, Black's Law Dictionary, 7th Edn., p. 1293.In the feudal law a payment made to the lord by the tenant coming into possession of an estate held under him. Abolished with other feudal grievances.Relief with respect to Election Offences. If a candidate at a parliamentary or municipal election has become responsible in respect of an election offence committed unwittingly, or which he has taken all reasonable means to prevent, he can apply or relief at the trial of an election petition, or if no petition is on the record, to the High Court, under Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), the application being usually to a Divisional Court; see Shaw v. Reckitt, (1893) 1 QB 779; 2 QB 59; and as to municipal elections under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, ...
Secret
Secret. A solicitor, and it is presumed also a barrister, is bound by law not to disclose his client's secrets, and the same rule does not appear to apply as between medical men and their patients, see as to this Chitty on Contracts, and Kitson v. Playfair, Times, 28th March, 1896. As to privileged communica-tions, however, the privilege is that of the client, not of the solicitor. The clerk of a professional or business man is under an implied contract not to disclose professional or trade secrets which he has learned in the course of his employment, Merryweather v. Moore, (1892) 2 Ch 518; Amber Size and Chemical Co., Ltd. v. Menzel, (1913) 2 Ch 239.As to official secrets, see that title; and as to secrets of the confessional, see CONFESSION.As to secret commission, corruptly taken by an agent from the party with whom he is employed by his principal to transact business for such principal, see COMMISSION; CORRUPT PRACTICES.To secrete means, according to the dictionary 'to hide' in con...
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