Fundamental Fairness - Law Dictionary Search Results
Home Dictionary Name: fundamental fairnessfundamental 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 ...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Fairness
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....
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 selective incorporation NOTE: The total incorporation doctrine has never been adopted by a majority of the U.S. Supreme Court. The majority opinions of the Supreme Court have instead adhered to a fundamental fairness standard or applied selective incorporation in determining whether a state has violated the Fourteenth Amendment's due process clause. ...
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...
Fundamental right
Fundamental right, is protected and guaranteed by the written Constitution of a State, Commentary or the Constitution of India, Vol. 1, p. 126.Part III of the Constitution deals with fundamental rights. These are paramount to ordinary State-made laws, A.K. Gopalan v. State of Madras, 1950 SCR 76.Any State Act, which is repugnant to such rights is void, Mahendra v. State of Uttar Pradesh, AIR 1963 SC 1019.Fundamental rights, a right becomes a fundamental right because it has foundational value. Fundamental right is a limitation on the power of State. If is not to be regarded as a gift from State to its citizens but possessed by an individual independently by reason of basic fact that they are members of human race, M. Nagaraj v. Union of India, 2006 (8) SCC 212: 2006 (9) JT 191: 2006 (10) SCALE 301: 2006 (8) Supreme 89: 2006 (8) SLT 1: 2006 (8) SCJ 457 [Constitution of India, Arts. 14 to 30]...
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...
fundamental right
fundamental right : a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution) NOTE: A court must review a law that infringes on a fundamental right under a standard of strict scrutiny. A fundamental right can be limited by a law only if there is a compelling state interest. ...
Fundamental duties
Fundamental duties, are certain obligations on the part of a citizen which he or she owes towards the State so that the individual may not overlook his duties to the community while exercising his fundamental right or commit wanton destruction of public property or life, Shorter Constitution of Durga Das Basu, p. 465.Since they are not addressed to the State, a citizen cannot claim that he must be properly equipped by the State for performing his fundamental duties, Head Masters, Association, West Bengal v. Union of India, AIR 1983 Cal 55....
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