Parol Arrest - Law Dictionary Search Results
Home Dictionary Name: parol arrest Page: 5Obligation
Obligation, an act which binds a person to some performance; also a bond containing a penalty, with a condition annexed for paying of money at a certain time, or for the performance of a covenant, etc.; also foreign government and other bonds and debentures.In Bhudeb Mookerjee v. Kalachand Malik, 34 Cal LJ 315: AIR 1921 Cal 129, that the word obligation in s. 54 of the Specific Relief Act may be taken to be a tie or bond which constrains a person to do or suffer something. It implies a right in another person to which it is correlated and it restricts the freedom of the obligee with respect to definite acts and forbearances but in order that it may be enforced by a court, it must be a legal obligation and not merely moral, social or religious, Hyderabad Stock Exchange Ltd. v. Rangnath Rathi and Co., AIR 1958 AP 43 (47). [Specific Relief Act, 1877, s. 54]Means 'a duty; the bond of legal necessity which binds together two or more determinate individuals. It is limited to legal duties ari...
incident
incident 1 : a distinct occurrence or event [an of sexual harassment] 2 : a subordinate, dependent, or consequential element [the search was a legitimate to the arrest] [child support and other s of divorce] adj : having a subordinate or dependent relation to something specified [a search to arrest] ...
Defended
Defended, the word 'defended' clearly includes the exercise of the right so long as the effect of the arrest continues. Before his release on bail the person defends himself against his arrest and the charge for which he is arrested and after his release on bail, against the charge he is to answer and, for answering which, the bail requires him to remain present. The narrow meaning of the word 'defended' cannot be accepted, State of Madhya Pradesh v. Shobharam, AIR 1966 SC 1910 (1917): 1966 Supp SCR 239. [Constitution of India, Art. 22(I)]...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
fresh pursuit
fresh pursuit 1 : the immediate and continuous pursuit by police officers of a suspect who is fleeing to avoid arrest that under common law and some state codes gives the officers the right to cross jurisdictional lines in order to make an arrest 2 : hot pursuit ...
false imprisonment
false imprisonment : the tort of intentionally restraining another by physical force or the threat of physical force without privilege or authority see also false arrest at arrest ...
apprehend
apprehend [Latin apprehendere to seize, arrest, from ad to + prehendere to seize] : arrest ...
False imprisonment
False imprisonment, restraining personal liberty without lawful authority, for which offence the law has not only decreed a punishment as a public crime, but has also given a private reparation to the party as well by removing the actual confinement for the present by habeas corpus, as by subjecting the wrongdoer to an action of trespass, etc., usually called an action of false imprisonment, on account of the damage sustained by the loss of time and liberty. It must amount to a total restraint of the plaintiff's liberty for some period, however short, see Bird v. Jones, (1845) 7 QB 742. As to the persons liable, see Walters v. W.H. Smith & Son, Ltd., (1914) 1 KB 595; Herd v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where the onus of proving absence of reasonable and probable cause lies on the plaintiff, Sewell v. National...
prisoner
prisoner : a person deprived of liberty and kept under involuntary restraint, confinement, or custody ;esp : one under arrest, awaiting trial, on trial, or serving a prison sentence ...
Imprison
To put in prison or jail To arrest and detain in custody to confine...
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