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Flagrant Necessity - Law Dictionary Search Results

Home Dictionary Name: flagrant necessity

Flagrant necessity

Flagrant necessity, a case of urgency rendering lawful an otherwise illegal act, as an assault to remove a man from impending danger....


Flagrantly abused his position as member

Flagrantly abused his position as member, The clause 'flagrantly abused his position as member' means the doing of such act or acts by a member of a committee in disregard of his duty which would shock a reasonable mind. The nature of the 'abuse' before it could be termed as 'flagrant', must, in the circumstance be glaring, notorious, enormous, scandalous or wicked. Any alleged contravention of the provisions of the Punjab Municipal Act, 1911 Act cannot be categorised as 'flagrant abuse of power' by a member of the Committee, State of Punjab v. Bhajan Singh, AIR 2001 SC 1098: (2001) 3 SCC 565. [Punjab Municipal Act, 1911 (3 of 1911), ss. 16(1)(e) and 20]...


flagrante delicto

flagrante delicto [Medieval Latin, literally, while the crime is blazing] : in the very act of committing a misdeed [was caught flagrante delicto] ;also : in the midst of sexual activity ...


in flagrante delicto

in flagrante delicto : flagrante delicto ...


Flagrantly

Flagrantly, The expression 'flagrantly' means glaringly, notoriously, scandalously. A position is said to be abused when it is put to a bad use or for a wrong purpose. No doubt it may vary with the circumstances, Bhagat Ram Patanga v. State of Punjab, AIR 1972 SC 1571 (1577): (1972) 2 SCC 170: (1973) 1 SCR 92. [Punjab Municipal Act, 1911, s. 16(1)e]...


Flagrantly

In a flagrant manner...


Flagrante delicto, in

Flagrante delicto, in (in the very act of committing the crime)....


Necessity, agent of

Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928...


manifest necessity

manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...


necessity

necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...


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