In An Appropriate Case - Law Dictionary Search Results
Home Dictionary Name: in an appropriate case Page: 3Amnesty
Amnesty [fr. auvnorla, Gk., non-remembrance], an act of pardon or 'oblivion' (see, e.g., the Act of Oblivion, 12 Car. 2, c. 11, and 20 Geo. 2, c. 52), by which crimes against the Government up to a certain date are so obliterated that they can never be brought into charge. All acts of amnesty originate with the Crown.As understood in common parlance, the word 'amnesty' is appropriate only where political prisoners are released and not in cases where those who have committed felonies and murders are pardoned, State (Govt of NCT of Delhi) v. Prem Raj, (2003) 7 SCC 121 (126): 2003 SCC (Cri) 1586. (Constitution of India, Arts. 72, 161)Means a pardon extended by the government to a group or class of persons, usually for a political offence; act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted, e.g. the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already present in the country, B...
Any person not being the accused
Any person not being the accused, the words 'any person not being the accused' in s. 319 would cover any person who is not already before the Court in the case in which order under s. 319 is passed. It is the duty of the Court to bring before it any person who appears to have committed an offence and to convict and pass an appropriate order of sentence on proof of such person having committed the offence, Jarnail Singh v. State of Haryana, (2003) 9 SCC 328 (332). (Criminal Procedure Code, 1973 s. 319)...
Member
Member, is defined as 'member' in relation to an occupational pension scheme, means any active, deferred or pensioner member, Bus Employees Pension Trustees Ltd. v. Harrod, (1999) 3 WLR 1244.Member, means a member of the Authority. [Gujarat State Disaster Management Act, 2003, s. 2(l)]Member, means a member of the Commission and includes the Chairperson. [The National Commission for Minority Educational Institutions Act, 2004, s. 2(e)]Member, means a member of the council. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(e)]Member, means a person elected at an election to fill seats in a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad. [West Bengal Panchayat Election Act, 2003, s. 2(12)]Member, means a person joining in the application for the registration of a multi-State Co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act, the rules a...
Milk
Milk. As to the sale of unwholesome milk, see (English) Public Health Act, 1875, ss. 116-119; and see, generally, (English) Food and Drugs (Adulteration) Act, 1928, under which sampling powers are given and power to analyse samples, etc. (ss. 13 et seq.); and (English) Public Health Amendment Act, 1907, ss. 53 and 54. See, further, the (English) Milk and Dairies (Consolidation) Act, 1915 (5 & 6 Geo. 5, c. 66), as amended by the (English) Milk and Dairies (Amendment) Act, 1922, making provision for the sale of milk and the regulation of dairies. If the premises are unsuitable for the sale of milk, the sanitary authority may refuse to register or may remove from the register the names of dairymen [(English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50), s. 185]. See also the (English) Mils (Special Designations) Order Mils) Regulations, 1923, No. 1323; Public Health (Condensed Mils) Regulations, 1925, No. 509; Mils and Dairies Order, 1926, No. 821: Mils (Special Designat...
Rector
Rector, a governor; in ecclesiastical law, either a layman, sometimes called a 'lay rector' or 'lay impropriator,' who has that part of the revenues of a church which before the dissolution of the monasteries by King Henry VIII. was appropriated to a monastery, the incumbent generally being a 'vicar'; or, in cases where the living had not been so impropriated and a spiritual person, the 'parson,' who has the whole revenues together with the cure of souls. See 1 Bl. Com. 384.The spiritual head and presiding officer of a church, Black's Law Dictionary, 7th Edn., p. 1281....
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
Trespass
Trespass [fr. transgressio, Lat.], any transgression of the law, less than treason, felony, or misprision of either.An unlawful act committed against the person or property of another esp. wrongful entry on another's real property, Black's Law Dictionary, 7th Edn.The action of trespass lies where a trespass has been committed either to the plaintiff's person or property. A trespass is an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence, though none is actually used, where the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence an assault and battery is an instance; of implied, a peaceable but wrongful enter upon the plaintiff's lands, Steph. Plead., 7th Edn., 11, 37, 154. As to trespass on the case, see CASE and VI ET ARMIS.Trespass, as an unlawful act committed against a person and property of another, Black's Law Dictionary (7th E...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
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