Decency - Law Dictionary Search Results
Home Dictionary Name: decencyDecency
Decency, in UK the word 'indecent' is used in the sense of obscenity in statutes, relating to obscenity, conveys the Idea of offending against the recognised standards of property, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 125.In India, the State can impose reasonable restrictions on the fundamental right to freedom of speech and expression on the ground of decency, Constitution of India, Art. 19(2).Decency, the meaning of the term will vary according to age, culture and alike things of the audience, Rajni v. State, AIR 1958 All 360...
Modesty
Modesty, as 'womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct; reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Oxford English Dictionary (1993 Edn.); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, as freedom from coarseness, indelicacy or indecency; a regard for propriety in dress, speech or conduct, (Webster's Third New International Dictionary); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, can be described as the quality of being modest; and in relation to a woman , 'womanly propriety to behaviour; scrupulous chastity of thought, speech and conduct.' It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Aman Kumar v. State of Haryana, (2004) 4 SCC 379 (389). (Indian Penal Code, s. 354)--the essential ingredients of the offence unders. 354, IPC are as under:(i) that the person assaulted must be a wom...
Scandal
Scandal, a report or rumour, or an action whereby one is affronted in public.Disgraceful, shameful, or degrading acts or conducts, Black's Law Dictionary, 7th Edn., p. 1345.Scandal, in pleadings, is injurious, by making the records of the court the means of perpetuating libellous and malignant slanders; and the Court, in aid of the public morals, is bound to interfere to suppress such indecencies.It is provided by (English) R.S.C. 1883, Ord. XIX., r. 27, that scandalous matter may be ordered to be struck out from any pleading, and by Ord. XXXVIII., r. 11, from affidavits.Scandal, consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon the moral character of an individual, is also scandalous. The matter alleged must not be only offensive, but also irrel...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
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...
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...
In the interest of general public
In the interest of general public, the expression 'in the interest of general public' is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution. in respect of legislations and notifications concerning the wages, working conditions or the other amenities for the working class, the courts have adopted a liberal attitude and the interest of the workers has been protected notwithstanding the hardship that might becaused to the employers, Municipal Corporation of the City of Ahmedabad v. Jan Mohammad Usmanbhai, AIR 1986 SC 1205 (1212): (1986) 3 SCC 20: (1986) 2 SCR 700.The phrase 'in the interest of the general public' is the phrase of a definite connotation and a known concept. This phrase, as used in amended s. 25-O, has been bodily lifted from Article 19(6) of the Constitution of India, Orissa Textile and Steel Co. v. State of Orissa, AIR 2002 SC 708 (725): (2002) 2 SCC ...
Disparagement
Disparagement, the matching an heir in marriage under his degree or against decency, Co. Litt. 107....
Camera
Camera [fr. kam'pa, Gk.], the judge's chamber in Serjeants' Inn, Ken. Glos.--means room, chamber, Black's Law Dictionary, 7th Edn.The judge's private room behind the court.A trial is said to take place in camera when the public are excluded from the court.No criminal trial can take place in camera. Certain kinds of civil actions in the Chancery Division are heard in camera, e.g., cases concerning secret processes of manufacture.It has recently been decided (contrary to what was commonly supposed to be the law) that no nullity suit or other matrimonial cause, whatever its nature, can be heard in camera unless justice cannot otherwise be administered; see Scott v. Scott, 1913 AC 417, where the whole question of hearings in camera is discussed at length by the House of Lords.In a trial under the (English) Official Secrets Act, by the 1920 Act (10 & 11 Geo. 5, c. 75), s. 8, the public maybe excluded during part of the hearing (in certain cases) but the verdict must be pronounced in public....
Amende honorable
Amende honorable [Fr.], an adequate reparation, an apology (see that title). In French law a species of punishment to which offenders against public decency or morality were anciently condemned....
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