Indictable - Law Dictionary Search Results
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
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...
Previous conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
Prizefighting
Prizefighting. Public prizefighting is an affray and an indictable misdemeanour on the part of both combatants and backers (see Rg. v. Coney, (1882) 8 QBD 534, in which it was held that the mere presence of persons at a prizefight was not enough to sustain a conviction for assault), and railway companies providing trains for any prizefights are liable to heavy penalties under the (English) Regulation of Railways Act, 1868, s. 21. If death ensue, the surviving combatant is guilty of manslaughter....
Open Court
Open Court. Every Court of Justice is open to every subject of the King, Scott v. Scott, 1913 AC 417 (440). By statute the place where justices summarily convict is an open Court [(English) Summary Jurisdiction Act, 1848, s. 12], but not so the place where they commit a prisoner for trial at assizes or sessions (Indictable Offences Act, 1848, s. 19). Whether a coroner's court is an open Court is a matter of doub if it is not a Court of Justice; it is submitted that it is not [see Jervis on Coroners, citing Garnett v. Ferrand, (1827) 6 B&C 611]; the general rule is that all courts of justice are open to all so long as there is room see Scott v. Scott, ubi supra, where the whole question of hearing cases in camera is discussed. See also R. v. Gov. of Lewes Prison, (1917) 2 KB 254; and McPherson v. McPherson, 1936 AC 177.Sessions Court holding trial within jail premises is an 'open court', Kehar Singh v. State (Delhi Admn.), AIR 1988 SC 1883: (1988) 3 SCC 609 (703, 711): (1988) Supp 2 SCR...
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...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
Metropolitan Police Magistrates
Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...
Infectious diseases
Infectious diseases. It is an indictable offence to expose in a public frequented highway a person suffering from an infectious disorder, R. v. Vantandillo, (1815) 4 M. & S. 73. The (English) Public Health Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 49), ss. 143 to 180, repealing (from October, 1937) ss. 120-143 of the (English) Public Health Act, 1875, contains various provisions calculated to prevent the spread of dangerous infectious diseases.Notification.--The (English) Public health Act, 1936, also repeals (from October, 1937) the (English) Infectious Diseases Notification Act, 1889 (52 & 53 Vict. c. 72), and enjoins the notification to the Medical Officer of Health of the district of certain specific diseases therein named, and also of other diseases added to the list by the local authority, s. 343 enacting that 'notifiable disease.'--Means any of the following diseases, namely, small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fe...
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