Due Process Clause - Law Dictionary Search Results
due process clause
Matched in: Term due process clause
Deprivation
law' by its mere will. In U.K. the law means the law as declared by Parliament and the due process clause does not apply, Commentary of the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 81.
total incorporation
total incorporation : a doctrine in constitutional law: the Fourteenth Amendment's due process clause embraces all the guarantees in the Bill of Rights and applies them to cases under state law compare … a fundamental fairness standard or applied selective incorporation in determining whether a state has violated the Fourteenth Amendment's due process clause.
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liberty clause
Matched in: Term liberty clause
selective incorporation
that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause compare total incorporation
jury
State jury selection varies and occasionally differs from federal, but the states still must meet constitutional requirements for due process. The U.S. Supreme Court has stated in a series of decisions that a jury is to be composed … particular class (as on the basis of gender, race, or ancestry) from a jury violates the equal protection clause and the defendant's right to a jury trial. A defendant is not, however, entitled to a jury of
Criminal contempt
bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in … Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3] Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition
Suit
the plaintiff claims on the footing that an account has to be taken to ascertain in the sum due to him, Satyanarayana v. Rajah of Vazianagaram, AIR 1932 Mad 565. Suit, envisaged cannot be stretched to criminal … the suit is clearly delineated in the provision itself, the content would not admit of any other stretching process, BSI Ltd. v. Gift Holdings Pvt. Ltd., AIR 2000 SC 926. [See also Sick Industrial Companies (Special Provisions) … is intended to be covered by the said word in the material clause. The argument that there should be finality of decisions and that a
Apportionment
respect of time. when a successor in interest succeeds just before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. … The right to apportionment is a question of law, the apportionment may be by consent or by judicial process or, under the Landlord and Tenant Act, 1927 (17 & 18 Geo. 5, c. 34), s. 20, by … agricultural holdings, see (English) L. P. Amendment Act, 1926. The (English) Lands Clauses Act, 1845, as. 119, provides for an apportionment of rent where part
As if
with the full knowledge that they do not belong to West Bengal and had to be transferred in due course to Pakistan, Ram Kishore v. Union of India, AIR 1966 SC 644 (648). (Constitution of India, Sch. … 200 (205). [Motor Vehicles Act (4 of 1939), s. 58 (2)] The clause 'as if' is not intended to take in cases of territories which … in the same manner and to same extent as an application for a fresh permit and must be processes as such, Sher Singh v. Union of India, AIR 1984 SC 200 (205). [Motor Vehicles Act (4 of
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