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Home Dictionary Name: general publication Page: 8Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
publish
publish 1 : to make known to another or to the public generally NOTE: For purposes of defamation, a defamatory communication made to only one third party may be considered published. 2 a : to proclaim officially [ an enactment] b : to declare (a will) to be a true and valid expression of one's last will c : to reproduce (an opinion) in a reporter 3 a : to disseminate to the public or provide notice of to the public or to an individual (as through a mass medium) [ordered to the citation in the legal notices for three weeks] see also notice by publication at notice b : to distribute or offer for distribution to the public copies of (a copyrightable work) by some transfer of ownership, rental, lease, or loan 4 : utter pub·lish·er n ...
public law
public law 1 : an enactment of a legislature that affects the public at large throughout the entire territory (as a state or nation) which is subject to the jurisdiction of the legislature or within a particular subdivision of its jurisdiction : general law called also public act public statute compare local law 2 a : the area of law that deals with the relations of individuals with the state and regulates the organization and conduct of government compare private law b : international law regulating the relations among sovereign states or nations as distinguished from private international law ...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
Savings banks
Savings banks, institutions for the safe custody and increase of the small savings of the poor. See Chitty's Statutes, tit. 'Savings Banks.' They are: (1) Trustee; (2) Post Office; (3) Military; (4) Statutory; (5) Uncontrolled.(1) Trustee Savings Banks are regulated by a long series of Acts (the Trustee Savings Banks Acts, 1861 to 1934), which provide that they must not be described in a manner which implies that the Government is responsible to depositors, that the money received must be paid to the Bank of England or Ireland and carried to an account kept in the names of the National Debt Commissioners, and that annual accounts must be sent to the Commissioners. An 'Inspection Committee,' estab-lished under the Savings Bank Act, 1891, has extensive powers of supervision for the purpose of detecting any breaches of the Acts or rules regulating a bank. Deposits by any depositor in more than one Trustee Savings Bank is prohibited, and the Treasury have power to limit the amount from one...
Public interest litigation
Public interest litigation, lexically the expression 'PIL' means a legal action intended in a Court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected, Janta Dal v. H.S. Chowdhary, (1992) 4 SCC 305: (1991) 3 SCR 752....
Notice of action
Notice of action. By numerous Statutes-e.g., by the (English) Poor Law Amendment Act, 1834 (4 & 5 Wm. 4, c. 76-both public and private, it was enacted that no action should be brought against persons, acting in pursuance of these statutes, until the expiration of a certain time after notice in writing had been given to the defendant that such action would be brought; but by the (English) Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61 (see PUBLIC AUTHORITIES), so much of any public general Act as enacts that, in any proceeding to which that Act applies (i.e., in any proceeding against any person for any act done in pursuance of any Act of Parliament, etc.), notice of action is to be given, is repealed....
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Restaurant
Restaurant, as any tavern, public house or place trading for profit by provision to the public of food or refreshment with or without entertainment, Grape Bay Ltd. v. Attorney-General of Bermud, (2000) 1 WLR 574.Means any premises in which is carried on principally or wholly the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre. [Weekly Holidays Act, 1942 (18 of 1942), s. 2 (c)]...
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