Deprived From - Law Dictionary Search Results
Home Dictionary Name: deprived from Page: 2Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Gaining wrongfully
Gaining wrongfully, A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. (Indian Penal Code, s. 23)...
Forejudger
Forejudger [fr. forisjudicatio, Lat.], a judgment whereby a person is deprived of the thing in question. To be forejudged by the Court is when an officer or attorney of any Court is expelled the same for some offence, or for not appearing to an action.To prejudge; to judge before-hand, Black's Law Dictionary, 7th Edn....
Forcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
Earliest opportunity
Earliest opportunity, The word 'earliest' in s. 13 of the Jammu and Kashmir Public Safety Act, 1978 which qualifies the opportunity must equally qualify the corresponding obligation of the State to deal with the representation, if and when made, as expeditiously as possible. The opportunity con-templated by the section is the opportunity to make a representation against the detention order to the Government and therefore ex hypothesi soon after the person is deprived of his personal liberty he must be afforded the earliest opportunity to make a representation, Vijay Kumar v. State of Jammu & Kashmir, (1982) 2 SCC 43: AIR 1982 SC 1023: (1982) 3 SCR 522. (J&K Public Safety Act, 1978, s. 13)...
Demonstrative legacy
Demonstrative legacy, means where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. [Succession Act, 1925 (39 of 1925), s. 150]A legacy of quantity is ordinarily a general legacy; but there are legacies of quantity in the nature of specific legacies, as of as much money, with reference to a particular fund for payment. This kind of legacy is called by the civilians a demonstrative legacy, and it is so far general, and differs so much in effect from one properly specific, that if the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the general assets; yet the legacy is so far specific that it will not be liable to abate with general legacies upon a deficiency of assets, Consult Roper on Legacies; Theobald on Wills....
Compensation
Compensation, according to dictionary it means, 'compensating or being compensated; thing given as recompense;'. In legal sense it may constitute actual loss or expected loss and may extend to physical mental or even emotional suffering, insult or injury or loss, Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65 (75): AIR 2004 SC 2141.--Making things equivalent, satisfying or making amends, a reward for the apprehension of criminals; also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected for public purposes and under Act of Parliament, e.g., the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but where the land is acquired compulsorily by a Government Department or any local or Public Authority the compensation is regulated by the (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) and Rules of 1919, and see Housing Act, 1936, ss. 40 and 42 and Schedules, ...
Conversion and detinue
Conversion and detinue, a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of it. If a carrier or other bailee wrongfully and mistakenly delivers the chattel to the wrong person or refuses to deliver it to the right person, he can be sued as for a conversion. The action of detinue is based upon a wrongful detention of the plaintiff's chattel by the defendant, evidence by a refusal to deliver it upon demand and the redress claimed is not damages for the wrong but the return of the chattel or its value. If a bailee unlawfully or negligently loses or parts with possession he cannot get rid of his contractual liability to restore the bailor's property on the termination of the bailment and if he fails to do, he may be sued in detinue, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274 (278)....
Contrary to natural justice
Contrary to natural justice, The expression 'contrary to natural justice' has figured so prominently in judicial statements that it is essential to fix its exact scope and meaning. When applied to foreign judgments, it merely relates to the alleged irregularities in procedure adopted by the adjudicating court and has nothing to do with the merits of the case. If the proceedings be in accordance with the practice of the foreign court but that practice is not in accordance with natural justice. This Court will not allow it to be concluded by them. In other words, the courts are vigilant to see that the defendant had not been deprived of an opportunity to present his side of the case, Sankaran Govindan v. Lakshmi Bharthi, (1975) 3 SCC 351: AIR 1974 SC 1764: (1975) 1 SCR 57....
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
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