Lawful Force - Law Dictionary Search Results
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Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
Laws in force
Laws in force, Article 313 refers to laws in force which means statutory laws, Union of India v. Majji Jangammayya AIR 1977 SC 757 (767): (1977) 2 SCR 28: (1977) 1 SCC 606. [Constition of India, Art. 313]--the definition of the phrase 'laws in force' is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at all, Sant Ram v. Labh Singh, (1964) 7 SCR 756: AIR 1965 SC 314 (316)....
Army (UK)
Army (UK) [fr. armee, Fr.], the military force of a country. From1689 to 1879, the army was regulated by Annual Mutiny Acts usually expiring in April, and by the 'Articles of War' which those Acts empowered the sovereign to make. In 1879 the Army Discipline Act (42 & 43 Vict. c. 33) consolidated the provisions of the Mutiny Act with the Articles of War. This Act having been amended by the Army Discipline and Regulation Annual Act, 1881, which substituted 'summary' for corporal punishment, and also by the Regulation of the Forces Act, 1881, a fairly complete military code is now contained in the 'Army Act, 1881' (44 & 45 Vict. c. 58), now styled the 'Army Act' simply, by virtue of s. 4 of the Army (Annual) Act, 1890.The Army Act requires to be annually renewed by an Act passed for that purpose called the 'Army (Annual) Act.' Such annual Act follows the precedent of the Mutiny Acts is reciting the illegality of a standing army in time of peace without consent of Parliament (as declared b...
Laws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Air force law
Air force law, means the law enacted by this Act and the rules made thereunder and includes the usages of the service. [Air Force Act, 1950 (45 of 1950), s. 4 (vi)]...
Notwithstanding anything contained in law for the time in force
Notwithstanding anything contained in law for the time in force, sub-s. (1) of s. 4 of the Probation of Offenders Act contains the words 'notwithstand-ing anything contained in law for the time being in force'. The above non obstante clause points to the conclusions that the provisions of s. 4 of the Probation of Offenders Act would have overriding effect and shall prevail if the other conditions prescribed are fulfilled, Isher Das v. State of Punjab, AIR 1972 SC 1295 (1298): (1973) 2 SCC 65: (1972) 3 SCR 312....
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Self-defence
Self-defence, is a legal right and as with other legal rights the question whether a specific state of facts warrants its exercise is a legal question. It is not a question on which a State is entitled, in any special sense, to be a judge in its own cause, the Law of Nations, 5th Edn., 1955, p. 319.Means the use of force to protect oneself, one's family, or one's property from a real or threatened attack, Black's Law Dictionary, 7th Edn., p. 1364.Self-defence. both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide, if committed se defendendo, or in order to preserve them. See DEFENCE; HOMICIDE.The use of force to protect oneself, one's family, or one's property from a real or threatined attack, Black's Law Dictionary, 7th Edn., p. 1364....
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
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