Motivating - Law Dictionary Search Results
Home Dictionary Name: motivating Page: 3Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
Carries on business
Carries on business, the mere fact that the expression, 'carries on business' is used along with the other expressions, does not mean that it would apply only to such persons to whom the other two expressions regarding residence or of personally working for gain would apply, Union of India v. Ladulal Jain, AIR 1963 SC 1681 (1683). [Constitution of India, Arts. 298, 300]Carries on business, as enumerated and 'personally works for gain' connotes two different meanings. The phrase 'carries on business' under s. 62(2) at a certain place would mean having an interest in a business at that place, a voice in what is done a share in the gain or loss and some control thereon. Such business may be carried at the place through an agent or a manager through a servant, Jay Engineering Works Ltd. v. Ramesh Aggarwal, MIPR, 2007 (1) 6058 (Del).Carries on business, in a particular commodity must depend upon the volume, frequency, continuity and regularity of transactions of purchase and sale in a class...
Barratry
Barratry, 1. Usually called 'common barratry,' the common moving of suits and quarrels in disturbance of the peace, either in courts or elsewhere.The punishment is fine and imprisonment; 'and if the offender belonged to the profession of the law he was disabled from practising for the future, by 12 Geo. 1, c. 29, s. 4, which is unrepealed, though long obsolete.2. In marine assurance, the commission of any fraud upon the owners or insurers of a ship by the master or crew, as deserting her, sinking her, or doing any act which may subject her to arrest, detention, loss, or forfeiture, etc. It is the practice in most countries to insure against barratry. Many foreign jurists hold that it comprehends every fault which the master and crew can commit, whether it arises from fraud, negligence, unskilfulness, or mere imprudence. But in this country it is ruled that no act of the master or crew shall be deemed barratry, unless it proceed from a criminal or fraudulent motive.-see Arnould, or Chal...
Bad faith
Bad faith, is the opposite of good faith, generally implying or involving, but not limited so, actual or constructive fraud, or a design to mislead or deceive another, or any other sinister motive. Conceptually bad faith can be understood as a 'dishonest intention', Harrison v. Telon Valley Trading Co. Ltd., (2004) 1 WLR 2577.Bad faith, is more appropriate to a consideration of commercial dealings and should not routinely be introduced into a criminal trial because it might confuse to jury and deflect them from their task of deciding whether the public office had been abused by the conduct of office holder, although there might be cases in which the concept of bad faith might be relevant to an assessment of the standard of the defendant's conduct, Attorney-General's Ref. No. 3 of 2003, (2005) LR 73 (QB): (2004) EWCA Crim 868....
Assassination
Assassination, murdering a person by lying in wait. In modern times the term is frequently applied to the open murder of great personages from political motives, as of the King of Italy by Brescia in 1900, and of the President of the United States of America by Czolgosz in 1901. The Offences against the (English) Person Act, 1861, s. 4, makes it a misdemeanour punishable by penal servitude for not more than ten years to solicit any person to murder any other person, whether a subject of the king or not, and whether within the king's dominions or not: and in Reg. v. Most, (1881) 7 QBD 244, this enactment was held by the Court for Crown Cases Reserved, constituted under the Crown Cases Act, 1948, to apply to the publication of a newspaper containing an article exulting over the assassination of the Emperor of Russia in 1881, and hoping that it was not the last....
Aircraft material
Aircraft material, includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes. [Air Force Act, 1950 (45 of 1950), s. 4 (iii)]...
Absolute privilege
Absolute privilege, means a privilege that imunises an actor from suit, no matter how wrongful the action might be, and even though it is done with an improper motive, Black Law Dictionary, 7th Edn., p. 1215....
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Self examination
An examination into ones own state conduct and motives particularly in regard to religious feelings and duties...
Self determination
Determination by ones self or determination of ones acts or states without the necessitating force of motives applied to the voluntary or activity...
- << Prev.
- Next >>