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Home Dictionary Name: opinioned Page: 4Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Obiter dictum
Obiter dictum, an opinion not necessary to a judgment. See DICTUM.An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914)....
Freedom of speech and expression
Freedom of speech and expression, includes freedom of propagation of idea which is ensured by freedom of circulation, Romesh Thappar v. State of Madras, AIR 1950 SC 124: 1950 SCR 594: 1950 Cri LJ 1514. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Carries with it the right to publish and circulate one's ideas, opinions and views, Sakal Papers (Pvt.) Ltd. v. Union of India, AIR 1962 SC 305.Means the right to express one's opinion by words of mouth, writing, printing, picture or in any other manner. It would thus include the freedom of communication and the right to propagate or publish opinion, S. Rangarajan v. P. Jagjivan Ram, (1989) 2 SCC 574. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Includes right of citizens to exhibit films on Doordashan, Odyssey Communications (Pvt.) Ltd. v. Lokvidayan Sanghattana, (1988) 3 SCC 410. See also People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.Is a natural r...
Expressed
Expressed, one of the meanings of 'expressed' is to make known the opinions or the feelings of a particular person and when a secretary to Government apprehends a man and tells him in the order that this is being done under the orders of the Governor, he is in substance saying that he is acting in the name of the Governor and, on his behalf, is making known to the detenu the opinion and feelings and orders of the Governor. In our opinion, the Constitution does not require a magic incantation which can only be expressed in a set formula of words, State of Bombay v. Purushottam Jog Maik, AIR 1952 SC 317 (318). (Constitution of India, Art. 166)...
plurality
plurality pl: -ties : an amount or group (as of votes) that is greater than any other amount or group within a total but that is not more than half ;esp : a group of justices on an appeals court who do not form a majority but with whose opinion enough other justices concur to render it the decision of the court see also plurality opinion at opinion compare majority ...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
comment
comment 1 often cap a : an essay analyzing, criticizing, or explaining a subject [a published in the Yale Law Review] b : an explanatory remark appended to a section of text (as of enacted code) 2 : an expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a judge may not remark to the jury his or her opinion about what the evidence does or does not prove. b : a written expression of opinion or information solicited by an agency about a subject of its rulemaking see also informal rulemaking ...
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