Drastic - Law Dictionary Search Results
Home Dictionary Name: drasticDrastic
Acting rapidly and violently efficacious powerful opposed to bland as drastic purgatives...
Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
Jewbush
A euphorbiaceous shrub of the genus Pedilanthus Pedilanthus tithymaloides found in the West Indies and possessing powerful emetic and drastic qualities...
Cousin
Cousin [fr. Cousin, Fr.; cugino, It.; consobrinus, Lat., whence cusdrin, susrin; sabrino, Sp.]. A cousin is any collateral relation except brothers and sistes, and their descendants, and the brothers and sisters of any ancestor. The child of A.'s uncle or aunt is called his cousin-german, or first cousin, and the child, grandchild, etc., of such cousin is called his first cousin once, twice, etc., removed. The grand child of A.'s great-uncle is his second cousin, and the chld, grandhchild, etc., of such cousin is his second cousin, once, twice, etc., removed, and so on. This distinction between first cousins once removed and second cousins is well recognized by the law [see Re Parker, (1881) 17 Ch D 262]. The word 'cousin' properly means the children of brothers and sisters and implies consanguinity, but it is sometimes used in a loose and vague sense without any such implication, as when the sovereign addresses a nobleman, or a member of the Privy Council, as a 'cousin,' and when we s...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
Guillotine
Guillotine, is an instrument for beheading, Webster's American Dictionary, p. 849.Is a method of preventing obstruction by fixing times at which parts of Bill must be voted on, The Concise Oxford Dictionary, H.W. Fowler and F.G. Fowler, p. 548.Is the most drastic method of curtailing debate in a legislature, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 410.In the House of commons, guillotine can be applied only after passing a motion for the purpose in the House. It is applied to the various stages of Bills and in designed to expedite their passage by means of a time table allotting a certain number of days to the different stages of the Bill and at the end of the allotted time the question under consideration is put without any further debate, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 335.Which is a colloquial term, is technically known as 'allocation of time orders', Parliamentary Dictionary, L.A. Abraham and SC. Hawtrey...
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Preventive detention and punitive detention
Preventive detention and punitive detention, there is a vital distinction between these two kinds of detention. 'Punitive detention' is intended to inflict punishment on a person, who is found by the judicial process to have committed an offence, while 'preventive detention' is not by way of punishment at all, but it is intended to prevent a person from indulging in conduct injurious to the society. The power of preventive detention has been recognised as a necessary evil and is tolerated in a free society in the larger interest of security of the State and maintenance of public order. It is a drastic power to detain a person without trial and there are many countries where it is not allowed to be exercised except in times of war or aggression, Francis Coralie Mullin v. Adm UT of Delhi, AIR 1981 SC 746 (749): (1981) 1 SCC 608....
Punitive and preventive detention
Punitive and preventive detention, 'punitive deten-tion' is intended to inflict punishment on a person, who is found by the judicial process to have committed an offence, while 'preventive detention' is not by way of punishment at all, but it is intended to pre-empt a person from indulging in conduct injurious to the society. The power of preventive detention has been recognised as a necessary evil and is tolerated in a free society in the larger interest of security of the State and maintenance of public order. It is a drastic power to detain a person without trial and there are many countries where it is not allowed to be exercised except in times of war or aggression. Our Constitution does recognise the existence of this power, but it is hedged-in by various safeguards set out in Articles 21 and 22; Francis Coralie Mullion v. Administrator, AIR 1981 SC 746: (1981) 1 SCC 608: (1981) 2 SCR 516....
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