Justification - Law Dictionary Search Results
Home Dictionary Name: justification Page: 2Justified by law
Justified by law, 'justified' according to Black's Legal Dictionary means: Done on adequate reasons sufficiently supported by credible evidence, when weighed by unprejudiced mind, guided by common sense and by correct rules of law. The Shorter Oxford English Dictionary assigns this meaning for 'justification': The showing in court that one had sufficient reason for doing that which he is called to answer; the ground for such a plea. Lexically, the sense is clear. An act is justified by law if it is warranted, validated and made blameless by law, Raj Kapoor v. Laxman, AIR 1980 SC 605 (960): (1980) 2 SCC 175: (1980) 2 SCR 512. (Indian Penal Code, s. 79)...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Defence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...
Exemption provision
Exemption provision, an 'exemption provision' is like an exception and on normal principle of construction or interpretation of statutes it is construed strictly either because of legislative intention or on economic justification of inequitable burden or progressive approach of fiscal provisions intended to augment state revenue, Union of India v. Wood Papers Ltd., AIR 1991 SC 2049 (2051): (1990) 4 SCC 256....
False imprisonment
False imprisonment, restraining personal liberty without lawful authority, for which offence the law has not only decreed a punishment as a public crime, but has also given a private reparation to the party as well by removing the actual confinement for the present by habeas corpus, as by subjecting the wrongdoer to an action of trespass, etc., usually called an action of false imprisonment, on account of the damage sustained by the loss of time and liberty. It must amount to a total restraint of the plaintiff's liberty for some period, however short, see Bird v. Jones, (1845) 7 QB 742. As to the persons liable, see Walters v. W.H. Smith & Son, Ltd., (1914) 1 KB 595; Herd v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where the onus of proving absence of reasonable and probable cause lies on the plaintiff, Sewell v. National...
Suicide and euthanasia
Suicide and euthanasia, the view that distinction between 'suicide' and 'euthanasia' is logically inconsistent may not be quite incorrect, because in passive euthanasia, wherever it has been accepted as legally permissible, consent of the patient, if he be in a sound mental condition, has been regarded as one of the prerequisites. So, if one could legally commit suicide, he could also give consent for his being allowed to die. But then, the legal and other questions relatable to euthanasia are in many ways different from those raised by suicide. One would, therefore, be right in making a distinction logically and in principle between suicide and euthanasia, though it may be that if suicide is held to be legal, the persons pleading for legal acceptance of passive euthanasia would have a winning point. However, for the present case it is sufficient to say that the justification for allowing persons to commit suicide is not required to be played down or cut down because of any encourageme...
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
Remains on unauthorised absence
Remains on unauthorised absence, the expression 'remains on unauthorised absence' means an employee who has not respect for discipline and absents himself repeatedly and without any justification or the one who remains absent for a sufficiently long period, Pyare Lal Sharma v. Managing Director, AIR 1989 SC 1854: (1989) 3 SCC 448. (J.K. Industries Employees Service Rules and Regulationsm, Regns. 16, 14)...
Son assault demesne
Son assault demesne, a justification in an action of assault and battery, on the ground that the plaintiff made the first assault, and what the defendant did was in his own defence. it was a plea by confession and avoidance, 1 Selw. N.P., 13th Edn. 2. See now PLEADING; STATEMENT OF DEFENCE....
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