Personal Liberty - Law Dictionary Search Results
Home Dictionary Name: personal libertyPersonal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
Life or personal liberty
Life or personal liberty, the expression 'life or personal liberty' in Article 21 of the Constitution includes right to live with human dignity which would include guarantee against torture and assault by the State, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (729). (Constitution of India, Article, 21)...
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
Deprivation
Deprivation, taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross immorality, and the like, or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for neglecting to read the liturgy and articles in the church, and to declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England; or for continued neglect, after order of the bishop, followed by sequestration, to reside on the benefice; and see as to deprivation for immorality, etc., the (English) Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32), s. 6(1)(b), and Oxford ...
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...
Personal rights
Personal rights, the rights of personal security, com-prising those of life, limb, body, health, reputation, and the right of personal liberty....
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Confirmatio chartarum
Confirmatio chartarum, the 25 Edw. 1, A.D. 1297. This statute, being in the form of a charter, was sealed with the king's Great Seal, at Ghent, in Flanders, on November 5th, as appears by a memorandum upon the roll. It re-enacts Magna Charta, with the addition of giving that security to personal property which Magna Charta gave to personal liberty, and must be referred to for the terms of Magna Charta, in the 'Statutes of the Realm' and the 'Revised Statutes.'...
Accused
Accused, means the person or persons against whom a charge of crime or misdemeanour is brought, Webster Law Dictionary, p. 11.Means a person who has been blamed for wrongdoing; specifically a person who has been subjected to actual restraints on liberty through an arrest or a person against whom a formal indictment or information has been returned, Black Law Dictionary, 7th Edn., p. 22.Person charged with crime, commonly called 'the prisoner' if the crime be felony, and 'the defendant' if it be a misdemeanour....
Habeas Corpus Act
Habeas Corpus Act (31 Car. 2, c. 2), providing remedy for violation of personal liberty by the writ of habeas corpus ad subjiciendum, which see below....
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