Legislative Intent - Law Dictionary Search Results
Home Dictionary Name: legislative intentlegislative intent
legislative intent : the ends sought to be achieved by a legislature in an enactment NOTE: Courts often look to legislative intent for guidance in interpreting and applying a law. The legislative history, the language of the law, and the wrong to be corrected may provide indications of the legislative intent. ...
intent
intent 1 : the act or fact of intending: as a : the design or purpose to commit a wrongful or criminal act called also criminal intent compare knowledge, mens rea, motive, negligence b : the purpose to commit a tortious act having consequences that the actor desires and believes or knows will occur constructive intent : intent that is inferred to exist (as from willfulness or recklessness) in relation to an act criminal intent : intent general intent : intent to perform an illegal act without the desire for further consequences or a precise result [there was a general intent to assault but not to kill] specific intent : intent to perform an illegal act with the knowledge or purpose that particular results will or may ensue [assaulted him with specific intent to kill] trans·ferred intent 1 : intent attributed to a person who intends to cause another harm when the harm is accidentally inflicted on an unintended victim 2 : a doctrine in tort and criminal law: a wrongdoer...
preamble
preamble [Middle French preambule, from Medieval Latin preambulum, from Late Latin, neuter of preambulus walking in front of, from Latin prae- + ambulare to walk] : an introductory statement (as to a contract) ;esp : the introductory part of a constitution or statute that usually states the reasons for and intent of the law NOTE: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes. ...
And, or
And, or, it is well settled that 'and' is capable of being read as 'or', if the context demands it to be so read. The word 'or' is normally disjunctive and the word 'and' is normally conjunctive. But at times they are read as vice-versa to give effect to the manifest intent of the legislature as disclosed from the context. It is permissible to read 'or' as 'and' and vice-versa if some other part of the same statute, or the legislative intent clearly spelled out, require that to be done. Fakir Mohd. v. Sita Ram (2002) 1 SCC 741....
Any cheque and other liability
Any cheque and other liability, In s. 138 of the Negotiable Instruments Act, 1881 phrases 'Any cheque' and 'other liability' are the two key expressions which stand as clarifying the legislative intent so as to bring the factual context within the ambit of the provisions of the statute. Any contra-interpretation would defeat the intent of the legislature. The expressions leave no manner of doubt that for whatever reason it may be, the liability under this provision cannot be avoided in the event the same stands returned by the banker unpaid, ICDS Ltd. v. Beena Shabeer, (2002) 6 SCC 426 (430): 2002 SCC (Cri) 1342....
Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
Must or shall
Must or shall, If the legislative intent is expressed clearly and strongly in imperative words, such as the use of 'must' instead of 'shall', that will itself be sufficient to hold the provision to be mandatory, and it will not be necessary to pursue the enquiry further. If the provision is couched in prohibitive or negative language, it can rarely be directory, the use of peremptory language in a negative form is per se indicative of the intent that the provision is to be mandatory, Lachmi Narain v. Union of India, AIR 1976 SC 714 (726): (1976) 2 SCC 953: (1976) 2 SCR 785....
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
judicial activism
judicial activism : the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint ...
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