Fairness - Law Dictionary Search Results
Home Dictionary Name: fairnessFairness
Fairness, is a fundamental principle of good administration. It is a rule to ensure the vast power in the modern State is not abused but properly exercised. The State power is used for proper and not for improper purposes. The authority is not misguided by extraneous or irrelevant considerations. Fairness is also a principle to ensure that statutory authority arrives at a just decision either in promoting the interest or affecting the rights of persons, M.S Mally Bharat Engg. Co. Ltd. v. State of Bihar, (1990) 2 SCC 48 (55).Implies that even an administrative authority must act in good faith; and without bias, apply its mind to all relevant considerations and must not be swayed by irrelevant consideration, must not be act arbitrarily or capriciously and must not come to a conclusion which is perverse or is such that no reasonable body of persons properly informed could arrive at, Pyrites, Phosphates & Chemicals Ltd. v. Bihar Electricity Board, AIR 1996 Pat 1....
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Markets and fairs
Markets and fairs. The right to hold a market or fair, i.e., to hold organized meetings of persons for the purpose of buying and selling, is derived from a royal grant either actual or to be presumed from long usage. Markets and fairs in large towns of modern growth are, however, frequently held under special Acts which incorporate the (English) Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14), or under the Public Health Act, 1875. The following Acts regulate markets and fairs:-Metropolitan Fairs Act, 1868; Fairs Acts, 1871 and 1873; Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891, and 1926. See Newcastle (Duke of) v. Workshop U.D.C., (1902) 2 Ch 145; and consult Pease and Chitty on Markets and Fairs. See FAIRS AND MANOR....
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
Fair and equitable
Fair and equitable, The words 'fair' and 'equitable' both mean 'just or unbiased' (see the Concise Oxford Dictionary, 4th Edn., p. 426 and p. 402). The words 'fair and equitable' must be given their due meaning and proper effect. The question then asked is - what meaning is to be given to the words 'such.......... as the lessor shall determine'. It is indeed true that these words constitute an adjectival clause to the expression 'fair and equitable enhancement', but we consider that the meaning of the adjectival clause is merely this: the lessor must first determine what it considers to be fair and equitable enhancement; but if in fact it is not so, it is open to the lessee to ask the Court to determine what is fair and equitable enhancement, Damodhar Tukaram Mangalmurti v. State of Bombay, AIR 1959 SC 639 (642): (1959) Supp 2 SCR 180....
fairness doctrine
fairness doctrine : a doctrine requiring broadcasters to provide an opportunity for response to personal attacks aired by the broadcaster and esp. for the airing of conflicting viewpoints on controversial issues ...
Fairness hearning
Fairness hearning, See Union Carbide Corporation v. Union of India, (1991) 4 SCC 584....
fundamental fairness
fundamental fairness 1 : the balance or impartiality (of a court proceeding) that is essential to due process 2 : a subjective standard by which a court proceeding is deemed to have followed due process ...
Fair comment
Fair comment. Fair comment on a matter of public interest is a good defence to an action of libel for words prima facie defamatory; but the defence will be of no avail if express malice is established, Thomas v. Bradbury, Agnew & Co., (1906) 2 KB 627. When the defence is one of fair comment the plaintiff is not entitled to particulars, Digby v. Financial News Ltd., (1907) 1 KB 502; but the defendant can administer interrogatories to the plaintiff, Walkr v. Hodgson, (1909) 1 KB 239. Whether words exceed the limit of 'fair comment' or not is a question for the jury, Dakhyl v. Labouchere, (1908) 2 KB 325 n. consult Odgers on Libel.A statement based on writers or speakers honest opinion about a matter of public concern; Black's Law Dictionary, 7th Edn., p. 616....
Market and fair
Market and fair, Market may strictly be defined as 'the meaning or congregating together of people for the purchase and sale of provisions or livestock, publicly exposed, at a fixed time and place'. A 'fair' has been judicially defined as meaning 'a periodical concourse of buyers and sellers in a place generally for sale and purchase......at times or on occasion ordained by custom. The distinction between markets and fair appears to lie in the periodicity viz. while a market may be a regular or permanent place of business, a fair is an intermittent one, ITC Ltd. v. Agricultural Produce Market, (2002) 9 SCC 239: AIR 2002 SC 852 (930). [Bihar Agricultural Produce Markets Act, 1960 (16 of 1960), ss. 15 & 27]...
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