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General Law - Law Dictionary Search Results

Home Dictionary Name: general law Page: 5

slip law

slip law [slip from the fact that it was printed on a single piece of paper] : an initial separate publication of a new statute made prior to its inclusion in the general laws ...


Transnational law

Transnational law, means the general principles of law recognised by civilized nations, Black's Law Dictionary, 7th Edn., p. 1505....


rule

rule 1 a : a prescribed guide for conduct or action b : a regulating principle or precept 2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed [a directing the district court to show cause why its ruling should not be vacated "People v. District Court, 797 P.2d 1259 (1990)"] b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure [s of evidence] [s of appellate procedure] see also rule of court c : rule of law 3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself [a subject to statutory notice and comment requirement...


Lynch-law

Lynch-law, the procedure whereby an offender is tried and executed by a self-appointed body of citizens acting generally in defiance of the law, alleging as an excuse either the slowness of the regular legal procedure, or the neglect of the duly constituted authorities to put it in force, or that no duly constituted authorities exist. Lynch-law has been often practised in the United States America....


moral turpitude

moral turpitude 1 : an act or behavior that gravely violates the sentiment or accepted standard of the community 2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense [a crime involving moral turpitude] compare malum in se NOTE: Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony. Theft, perjury, vice crimes, bigamy, and rape have generally been found to involve moral turpitude, while liquor law violations and disorderly conduct generally have not. ...


Privilege

Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...


Remedial statutes

Remedial statutes, those which are made to supply such defects, and abridge such superfluities in the Common Law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of unlearned judges, or from any other cause. This being effected either by enlarging the Common Law where it is too narrow and circumscribed, or by restraining it where it is too lax and luxuriant, has occasioned a division of remedial Acts of Parliament into enlarging and restraining statutes, 1 Bl. Com. 86....


Low visibility rules

Low visibility rules, these are rules of law which are made inaccessible to the public. Generally these are obscure laws, with far reaching powers and which infringe fundamental rights and those which the state does not wish to publicize. 'Fundamental rights cease to be viable if laws calculated to constrict their sweep are withheld from public access; and the freedoms under Art. 19(1) cannot be restricted by hidden or 'low visibility rules' beyond discovery by fair search. ' [Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 (1721), para 93] - here reference is made to the Punjab Jail Manual which was not made available to prisoners and was priced so high that few could buy. (Justice V.R. Krishna Iyer)...


Right of private defence

Right of private defence, the right of private defence of person and property is recognised in all free, civilised, democratic societies within certain reasonable limits. Those limits are dictated by two considerations: (1) that the same right is claimed by all other members of the society and (2) that it is the State which generally undertakes the responsibility for the maintenance of law and order. The citizens, as a general rule, are neither expected to run away of safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrongs done to them or to punish the wrongdoer for commission of offences. The right of private defence serves a social purpose and as observed by the Supreme Court more than once there is nothing more degrading to the human spirit than to run away in face of peril. But this right is basically preventive and not punitive, Gottipulla Venkata Siva Subbrayanam v...


Consolidation of mortgages

Consolidation of mortgages. When different pro-perties are mortgaged by the same mortgage or to the same mortgagee for different debts, it was formerly the right of the mortgagee to refuse to allow the mortgagor to redeem one of the mortgages without also redeeming the others, the effect being to throw the whole of the debts on the whole of the properties and thus 'consolidate' the mortgages. This right of the mortgagee was an application of the maxim, 'He who seeks equity must do equity'; it was not considered fair to the mortgagee to allow the mortgagor to pay off one mortgage, which perhaps was well secured, and leave the mortgagee with another mortgage on his hands which might be very insufficiently secured. But though the doctrine was not unfair or unreasonable as originally applied, it came to be extended to cases where, owing to devolutions of title having taken place, its application was manifestly unjust, and attempts were made by the Courts to limit its exercise. Finally, the...



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