Motivating - Law Dictionary Search Results
Home Dictionary Name: motivating Page: 7 Page 7 of about 124 results ( seconds)Mala fide
Mala fide, in bad faith.Mala fide, is not meaningless jargon. It has proper connotation. Mala fides depends upon its own facts and circumstances, Prabodh Sagar v. Punjab State Electricity Board, (2005) 5 SCC 630.Means an action taken in undue haste may amount to be mala fide, Inderpreet Singh Kahlon v. State of Punjab, AIR 2006 (SC) 2571: (2006) 5 JT 352: (2006) 5 SCALE 273: 2006 (4) Supreme 8: (2006) 6 SCJ 107: (2006) 5 SCJD 59: (2006) 7 SRJ 432.The expression 'malafide' has a definite significance in the legal phraseology and the same cannot possibly emanate out of fanciful imagination or even apprehensions but there must be existing definite evidence of bias and actions which cannot be attributed to be otherwise bona fide - actions not otherwise bona fide, however, by themselves would not amount to be mala fide unless the same is in accompaniment with some other factors which would depict a bad motive or intent on the part of the doer of the act, State of Punjab v. V.K. Khanna, AIR ...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Obligate
To bring or place under obligation moral or legal to hold by a constraining motive...
International Law
International Law. I. Public Law: The law of nations, strictly so called, was in a great measure unknown to antiquity, and is the slow growth of modern times, under the combined influence of Christianity, intercourse, commerce and war.II. Private Law (Conflict of Laws): It is plain that the laws of one country can have no intrinsic force, proprio vigore, except within the territorial limits and jurisdiction of that country. They can bind only its own subjects and others who are within its jurisdictional limits; and the latter only while they remain therein. No other nation, or its subjects, is bound to yield the slightest obedience to those laws. Whatever extra-territorial force they are to have is the result not of any original power to extend them abroad, but of that respect which, from motives of public policy, other nations are disposed to yield to them, giving them effect, as the phrase is, sub mutu' vicissitudinis obtentu, with a wise and liberal regard to common convenience and ...
Intention and knowledge
Intention and knowledge, 'intention' is different from 'motive' or 'ignorance' or 'negligence'. It is the 'knowledge' or 'intention' with which the act is done that makes difference. The knowledge of the consequences which may result in doing an act is not the same thing as the intention that such con-sequences should ensue. Firstly, when an act is done by a person, it is presumed that he must have been aware that certain specified harmful con-sequences would or could follow. But that know-ledge is bare awareness and not the same thing as intention that such consequences should ensue. As compared to 'knowledge', 'intention' requires something more than the mere foresight of the con-sequences, namely the purposeful doing of a thing to achieve a particular end. The 'knowledge' as contrasted with 'intention' signify a state of mental realisation with the bare state of conscious awareness of certain facts in which human mind remains supine or inactive. On the other hand, 'intention' is a c...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
Inducement
Inducement, an allegation of a motive; an incitement to a thing; the introductory part of a pleading....
Indecent prints or books
Indecent prints or books. The sale, or obtaining, or procuring of such prints, with intent to sell, is a misdemeanor. The (English) Obscene Publications Act, 1857 (20 & 21 Vict. c. 83) ('Lord Campbell's Act'), gives summary powers to metropolitan or other stipendiary magistrates, or any two justices of the peace, to issue special warrants to constables for the searching of houses, etc., in which obscene books, pictures, etc., are suspected to be kept, on complaint on oath that the complainant believes that such books are there, and that one or more of the like character have been 'sold, distributed, exhibited, lent or otherwise published,' and on the magistrate, etc., being satisfied that any of the Articles are of such a character that the publication of them would be a misdemeanor, and proper to be prosecuted as such-which must be stated [see Ex parte Bradlaugh, (1878) 3 QBD 509]-he may order the seizure and destruction of such books, etc.Publication is not excused by innocent motive...
Improper legal advice and wrong legal advice
Improper legal advice and wrong legal advice, Giving of improper legal advice is different from giving of wrong legal advice. While the former may amount to professional misconduct, the latter may not be so. It is against professional etiquette for a lawyer to give improper legal advice with an ulterior object. It is unworthy that an advocate should accept employment with such motive, or so long as his client has such understanding of his purpose. It is professionally improper for a member of the bar to prepare false documents or to draw pleadings knowingly that the allegations made are untrue of his knowledge, Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, AIR 1984 SC 110: (1984) 1 SCR 414: (1984) 2 SCC 556....
Operative
Having the power of acting hence exerting force physical or moral active in the production of effects as an operative motive operative laws...
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