Ill Natured - Law Dictionary Search Results
Persecution
Persecution, implies a failure by the State to make protection available against the ill-treatment or violence which the person suffers at the hands of his persecutors, Horvath v. Home Secretary [HL(E)], (2000) … right or by selective harassment of a fundamental human right or by selective harassment of a sufficiently serious nature, Sandralingham v. Secretary of State for the Home Department, (1996) Imm AR 97.
De bene esse
used in reference to an examination, out of Court and before trial, of witnesses who are old, dangerously ill, or about to leave the country, on the terms that if the witnesses continue ill or absent, their … fully examined or tried, to stand or fall according to the merit of the thing in its own nature (Jac. Law Dict.). in modern times the term is chiefly used in reference to an examination, out of
incapacitate
incapacitate -tat·ed -tat·ing 1 : to make legally incapable or ineligible [mental illness alone will not a person from making a valid contract "Landmark Med. Ctr. v. Gauthier, 635 A.2d 1145 … valid contract "Landmark Med. Ctr. v. Gauthier, 635 A.2d 1145 (1994)"] 2 : to deprive of capacity or natural power [an injury that s the employee] in·ca·pac·i·ta·tion [-pa-sə-tā-shən] n
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Disability
means--(i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. [The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. … Chanji v. House Insurance Co., AIR 1974 SC 1719 (1722). Means where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a woman in any employment in which he was engaged
rape
or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception see also statutory rape NOTE: The common-law crime of rape involved a … of rape, most have broadened its scope esp. in terms of the sex of the persons and the nature of the acts involved. Marital status is usually irrelevant. Moreover, the crime is codified under various names, including
Child in need of care and protection
in question being killed, abused or neglected by that person, (iii) who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, … likely to be abused for unconscionable gains, (ix) who is victim of any armed conflict, civil commotion or natural calamity. [Juvenile Justice (Care and Protection of Children) Act, (56 of 2000), s. 2(b)]
Children
I. Thereof the law with regard to cruelty to children. Special penalties are provided (s. 1) for the ill-treatment of children under sixteen by persons over sixteen having custody of them (including father who having deserted his … 38 of the (English) Children and Young Persons Act, 1933, the evidence of a child not understanding the nature of an oath may be received if he has sufficient intelligence to justify the reception of the evidence
Misconduct
noted the definition of misconduct in Stroud's Judicial Dictionary which runs as under: Misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct. In industrial jurisprudence … receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or character and its ambit has to
Perpetuating testimony
Vict. c. 35), s. 6, provides in criminal cases for the taking of the depositions of persons dangerously ill and not likely to recover, and the making of the same evidence in certain events after the death … evidence of the attesting witnesses. See DE BENE ESSE. The suit for declaration of legitimacy is in the nature of a suit for perpetuating testimony. See LEGITIMACY DECLARATION ACTS. The Criminal Law Amendment Act, 1867 (30 &
Malice
the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional … another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point
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