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Home Dictionary Name: find Page: 5Punishment
Punishment, is the penalty for transgressing the law, Jowitts Dictionary of English Law, Vol. 2 (2nd Edn. by John Burke).Punishment, the penalty for transgressing the law: in England usually left within very wide limits to the discretion of the Court. Too great severity has frequently led to refusals of juries to convict, especially where the punishment is death, as it was down to 1810, for the offence of stealing goods to the value of forty shillings from a dwelling-house, and down to 1832 for forgery. In the former case the jury would falsely find the value of the goods stolen to be thirty-nine shillings; in the latter, a petition of bankes bastened the mitigation of a punishment which failed to protect them.The ordinary dictionary meaning of the word 'punish' is 'to cause the offender to suffer for the offense' or 'to inflict penalty on the offender' or 'to inflict penalty for the offence'. Any action of the employer to the detriment of the workmen's interest would not be punishment...
Raw material
Raw material, as commonly understood, is used in the process of manufacture. Printing machinery will certainly not come under the category of 'raw material', Re KI Kosalram, AIR 1968 Mad 113.Raw material, defined one of the valid tests could be that the ingredient should be so essential for the chemical process culminating in the emergence of the desired end product, that having regard to its importance in and indispensability for the process, it could be said that its very consumption on burning up is its quality and value as raw materials, Collector of Central Excise, New Delhi v. Ballarpur Industries Ltd., AIR 1990 SC 196.Raw material, is something from which another new or distinct commodity can be produced. When it is used in a taxing statute, it may have related meaning depending on the context in which it has been used, Tata Engineering & Locomotive Company Ltd. v. State of Bihar, (1996) 6 SCC 479.The expression 'raw-material' is not a defined term. The meaning to be given to it...
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
Recaption
Recaption, the taking a second distress of one formerly distrained, during the plea grounded on the former distress; and it was a writ to recover damages for him whose goods, being distrained for rent, or service, etc., were distrained again for the same cause, pending the plea in the County Court or before the justices, Fitz. N.B. 71.It is also a species of remedy by the mere act of the party injured. This happens when anyone has deprived another of his property, in goods or chattels personal, or wrongfully detains one's wife, child, or servant, in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace, 3 Bl. Com. 4.At common law, lawful seizure of another's pro-perty for a second time to secure the performance of a duty, Black's Law Dictionary, 7th Edn., p. 1274....
Removal from service
Removal from service, the word 'removed', which appears in Article 311(2) does not find mention in s. 240(3) of the Government of India Act, 1935. But this does not mean that s. 240(3) did not cover a case of 'removal'. It is by now well settled that from the constitutional stand point 'removal' and 'dismissal' stand on the same footing except as to future employment, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045: (1975) 4 SCC 703: (1975) Supp SCR 354....
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
Legally and Justly due
Legally and Justly due, the expression 'legally and justly due' must, mean that before a claim is recognised by the Claims Officer he must be satisfied that the principal amount covered by that claim is 'legally and justly due', i.e., that such a claim, if sought to be enforced in a Court of Judicial Tribunal, will find recognition on the basis that it does not suffer from any legal infirmity, India and General Investment Trust Ltd. v. Purna Chandra Mardaraj Rao, AIR 1967 SC 1251 (1256): (1967) 2 SCR 245. [Orissa Estates Abolition Act, (1 of 1952), s. 20(1)]...
Peace, Breach of the
Peace, Breach of the, a violation of that quiet, peace, and security which is guaranteed by the laws for the personal comfort of the subjects of this kingdom. An ordinary subject of the Crown must act as a peace-officer to arrest an offender if a felony is committed, or a bad wound given in his presence; and an ordinary subject may arrest another who is on the point of committing murder, and may break and enter a house to do so; and may arrest a lunatic about to do a mischief, and may arrest one against whom an indictment has been found; or may arrest one to put a stop to a breach of the peace committed in his presence.The power of justices of the peace to adjudge a person to enter into recognizance and find sureties to keep the peace or be of good behaviour towards any other person on his complaint is regulated by s. 25 of the (English) Summary Jurisdiction Act, 1879, Chitty's Statutes, tit. 'justices.'...
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