Obstruction - Law Dictionary Search Results
Home Dictionary Name: obstruction Page: 2Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Street offences
Street offences. For list of these, see Town Police Clauses Act, 1847 (Chit. Stat., tit. 'Police'), s. 28 (applied among ss. 21-29 to urban districts by s. 171 of the (English) Public Health Act, 1875 [38 & 39 Vict. c. 55 (Chit. Stat., tit. 'Public Health')], and s. 54 of the Metropolitan Police Acts of 1839 and 1867 [Chit. Stat., tit. 'Police (Metropolis)']. Thirty kinds of offences are specified in the Act of 1847, and seventeen in the Act of 1839. The offences specified in each Act comprise riding or driving furiously, loitering by common prostitute for prostitution, sliding on ice or snow, disturbance by ringing doorbell, discharging firearms, making bonfires, or setting fire to fireworks, and allowing ferocious dogs to be at large. The Act of 1847 also includes keeping swine, and obstructing footways. The Act of 1839 also includes bill posting on buildings without consent of owner, 'blowing horns or any other noisy instrument for the purpose of calling persons together, or of anno...
Malpractice
Malpractice, includes dishonesty cheating, imperso-nation, obstruction in carrying out public works as specified in the contract and failure to observe, while submitting the tender, the instruction given in the tender form including schedule appended thereto. [The West Bengal Public Works Con-tractors (Regulation and Control) Act, 2006, s. 2(f)]...
Impediment
Impediment, means a hindrance or obstruction, esp., some fact (such as legal minority) that bars a marriage, if known, but that does not void the marriage if discovered after the ceremony, Black's Law Dictionary, 7th Edn., p. 756....
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
Interfere
Interfere, the word 'interfere', means in the context of the subject, any action which checks or hampers the functioning or hinders or tends to prevent the performance of duty, as stated at p. 255 of Words and Phrases (Permanent Edn.), Vol. 22. As per what has been stated in the aforesaid work at p. 147 of Vol. 29 obstruction of justice is to interpose obstacles or impediments, or to hinder, impede or in any manner interrupt or prevent the administra-tion of justice, Chandra Shashi v. Anil Kumar Verma, (1995) 1 SCC 421. [Contempt of Courts Act, 1971,s. 2(c)]...
Let
Let, 'without let or hindrance,' without obstruction.In legal phraseology, the term 'let' ordinarily implies a tenancy and it is in that sense that the term has been used in section 127(a) of the Calcutta Municipal Act, 1923, Corporation of Calcutta v. Anil Prokash Basu, AIR 1958 Cal 423....
Light
Light. No right to have the access of the sun's rays to one's windows free from any obstruction exists at Common Law (see DAMNUM ABSQUE INJURIA) but by virtue of the (English) Prescription Act, 1832 (2 & 3 Wm. 4, c. 71), uninterrupted enjoyment of light for twenty years--commonly called 'ancient lights' --constitutes in every case an absolute and indefeasible right to it, unless the enjoyment took place under some deed or written consent or agreement, Hyman v. Van Den Bergh, (1908) 1 Ch 167. See PRESCRIPTION.The Prescription Act has not altered the previous law as to ancient lights, Colls v. Home and Colonial Stores, 1904 AC 179. And the right is to uninterrupted access of such light only as is ordinarily required for ordinary purposes and not to light peculiarly appropriate to the particular purpose for which the light has been used [ibid., overruling Warren v. Brown, (1900) 2 QB 722], and see also Price v. Hildich, (1930) 1 Ch 500.If two tenements belong to a common landlord, the rig...
Line clear
Line clear, what is meant by line-clear is not that the lines in the station yard are clear for reception of the train but that there is no obstruction on the track beyond the outer-most signals on the down side of the station which the train has to enter, Awadh Behari Sharma v. State of Madhya Pradesh, AIR 1956 SC 738 (742): (1956) Cri LJ 1372....
Mala fide exercise of power
Mala fide exercise of power, a right to get rid of the obstruction then and there by binding down the complainants or removing them from the place might be mistaken. Their act was necessarily 'mala fide' and so entirely divorced from or unconnected with the discharge of their duty that it was an independent act maliciously done or perpetrated, Mata Jog Dobey v. H.C. Bhari, AIR 1956 SC 44 (50). [Criminal Procedure Code, 1898, s. 6(9)]A mala fide exercise of power does not necessarily imply any moral turpitude and may only mean that the statutory power is exercised for purposes other than those for which the power was intended by law to be exercised, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1343): (1976) 2 SCC 521: (1976) Supp SCR 172....
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