Personal Liberty - Law Dictionary Search Results
Home Dictionary Name: personal liberty Page: 2 Page 2 of about 54 results (0.003 seconds)VerbarHabeas corpus
A writ having for its object to bring a party before a court or judge especially one to inquire into the cause of a persons imprisonment or detention by another with the view to protect the right to personal liberty also one to bring a prisoner into court to testify in a pending trial...
Civil rights
Civil rights, means any right accruing to a person by reason of the abolition of 'untouchability' by article 17 of the Constitution. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (a)]1. The individual rights of personal liberty guaranteed by the bill of rights as well as by legislation such as the voting Rights Act; civil rights include esp. the right to vote, the right of due process, and the right of equal protection of law, Black's Law Dictionary, 7th Edn., p. 240....
Earliest opportunity
Earliest opportunity, The word 'earliest' in s. 13 of the Jammu and Kashmir Public Safety Act, 1978 which qualifies the opportunity must equally qualify the corresponding obligation of the State to deal with the representation, if and when made, as expeditiously as possible. The opportunity con-templated by the section is the opportunity to make a representation against the detention order to the Government and therefore ex hypothesi soon after the person is deprived of his personal liberty he must be afforded the earliest opportunity to make a representation, Vijay Kumar v. State of Jammu & Kashmir, (1982) 2 SCC 43: AIR 1982 SC 1023: (1982) 3 SCR 522. (J&K Public Safety Act, 1978, s. 13)...
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....
Procedure
Procedure, 'procedure' in Article 21 cannot be arbitrary, unfair or unreasonable, Maneka Gandhi v. Union of India, AIR 1978 SC 597: (1978) 1 SCC 248: (1978) 2 SCR 621.The mode in which the successive steps in litigation are taken. The procedure of the Common Law courts was regulated by the C.L.P. Acts of 1852, 1854, and 1860; as to which see Day's C.L.P. Acts. As to the procedure in equity, consult Daniell's Chancery Practice, and Morgan's Chancery Acts and Orders. The procedure in actions in the High Court of Justice and the Court of Appeal is now governed under the (English) Judicature Act, 1925, for the most part by the Rules of the Supreme Court, based on the rules in the schedule to the (English) Judicature Act, 1875; but where no other provision is made by the Acts or those rules, the former procedure remains in force. See PRACTICE.Means the manner and form of enforcing of law. It must be taken to signify some step or method or manner or proceedings leading up to the deprivation ...
Reasonableness and in public interest
Reasonableness and in public interest, the integra-tion of Articles 14, 19 and 21 analysed by this Court in Maneka Gandhi v. Union of India, (1978) 2 SCR 621: (1978) 1 SCC 248, clearly demonstrates that the requirements of reasonableness runs like a golden thread through the entire fabric of fundamental rights and, as several decisions of this court show, this concept of reasonableness finds its positive manifestation and expression in the lofty ideal of social and economic justice which inspires and animates the directive principles. It has been laid down by this court in E. P. Royappa v. State of Tamil Nadu, (1974) 2 SCR 348: (1974) 4 SCC 3) and Maneka Gandhi case, (1978) 2 SCR 621: (1978) 1 SCC 248 that Article 14 strikes at arbitrariness in State action and since the principle of reasonableness and rationality, which is legally as well as philoso-phically an essential element of equality or non-arbitrariness, is projected by this Article, it must characterise every governmental act...
Absolute right
Absolute right, means a right that belongs to every human being, such as the right of personal liberty; a natural right, Black Law Dictionary, 7th Edn., p. 1322....
Conge d'Eslire, or elire
Conge d'Eslire, or elire (leave to elect). The king's licence or permission sent to a dean and chapter to proceed to the election of a bishop or archbishop, when the office becomes vacant. By 25 Hen. 8, c. 20, the sovereign may grant this licence 'with a letter missive containing the name of the person whom they shall elect and choose,' and it is enacted that the dean and chapter shall elect the said person and none other, and that if they defer their election above twelve days, the sovereign at his liberty and pleasure shall appoint such person to the office as he shall think able and convenient for the same. See R. v. Archbishop of Canterbury, (1902) 2 K B 503....
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
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