Personal Liberty - Law Dictionary Search Results
Rescue
Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in posse...
Investigation
Investigation, s. 4(1) of the Code of Criminal Proce-dure, 1898 defines 'investigation' as to include all the proceedings under that Code for the collection of evidence conducted by the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial; and (v) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessar...
Citizen
Citizen, in relation to a country specified in the first Schedule, means a person who under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country. [Citizenship Act, 1955 (57 of 1955), s. 2 (1) (b)]Citizen, the citizenship of a person can be terminated under the relevant law, [Citizenship Act, 1955, s. 9]Is a person who is either born within the State or born of parents who are citizens or one who has acquired the status of citizen by application of the laws of the State providing for the naturalization of persons born in another State, Dictionary of Political Science, Joseph Dunner, 1965, p. 95.The modes of acquisition of Indian citizenship are (a) Birth, (b) Descent, (c) Registration, (d) Naturalisation, (e) Incorporation of territory, and (f) Certificate in case of doubt, Commentary on Constitution of India, Durga Das Basu, 6th Edn., Vol. 1, p. 111.Is a member, native or naturalised, of a State, the Concise Oxford Dic...
Bill of Rights
Bill of Rights, a declaration delivered by the Lords and Commons to the Prince and Princess of Orange, and afterwards enacted in Parliament, when they became King and Queen, as 1 W. & M., sess. 2, c. 2. Its Preambles sets forth that King James, by the assistance of evil counsellors, endeavoured 'to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom,' by exercising a power of dispensing with and suspending of laws; by levying money for the use of the Crown by pretence of prerogative, without consent of Parliament; by prosecuting those who petitioned the King, and discouraging petitions; by raising and keeping a standing army in time of peace; by violating the freedom of election of members to serve in Parliament; by violent prosecutions and the causing partial and corrupt jurors to be returned on trials, excessive bail to be taken, excessive fines to be imposed, and cruel punishments to be inflicted; all of which are declared to be illegal; and the ...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Capias ad satisfaciendum
Capias ad satisfaciendum (that you take to satisfy); called in practice a ca. sa. A writ of execution of the highest nature, inasmuch as it deprived a person of liberty, till the satisfaction awarded be made. The writ was addressed to the sheriff, commanding him to take the body of the defendant and have him at Westminster on a day therein named, or immediately after the execution of the writ, to make the plaintiff satisfaction for his demand, or remain in custody till he did. The general rule was that any person might be arrested under this writ who was not privileged from being held to bail under a capias ad respondendum. By 7 & 8 Vict. c. 96, s. 57, this kind of execution was abolished 'in any action for the recovery of any debt wherein the sum recovered shall not exceed 20l. exclusive of the costs recovered by such judgment,' and by the (English) Debtors Act, 1869, (32 & 33 Vict c. 62), in any action whatever, unless the defendant could, but would not, pay. See IMPRISONMENT FOR DEB...
Bondslave
A person in a state of slavery one whose person and liberty are subjected to the authority of a master...
Warranty
Warranty, a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing granted accompanied by a promise, express or implied, that if eviction should take place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY.More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon Hill Estates Ltd., (1931) 2 KB 113, or to any other agreement or transaction, and in so far as it is a contract a warranty does not differ from any other contractual promise. A warranty may be express or implied by law or statute.For instances of implied warranties, see that title, CAVEAT EMPTOR, ...
Due course of law
Due course of law, Due course of law in each par-ticular case means such an exercise of the powers by duly constituted tribunal or court in accordance with the procedure established by law under such safeguards for the protection of individual rights. A course of legal proceedings according to the rules and principles which have been established in our system of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must thus be a tribunal competent by its constitution, that is by law of its creation, to pass upon the subject matter of the suit or proceeding; and, if that involves merely a determination of the personal liability of the defendant, it must be brought within its jurisdiction by service of process within the State, or his voluntary appearance. Due course of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty or property i...
access
access often attrib 1 : permission, liberty, or ability to enter, approach, communicate with, or pass to and from a place, thing, or person [public to federal land] [ to the courts] 2 : opportunity for sexual intercourse 3 : a landowner's legal right to pass from his or her land to a highway and to return without being obstructed 4 : freedom or ability to obtain, make use of, or participate in something [the right to equal treatment holds with respect to a limited set of interests — like voting — and demands that every person have the same to these interests "L. H. Tribe"] 5 a : a way by which a thing or place may be approached or reached b : passage to and from a place [provide a means of to the land] 6 : opportunity to view or copy a copyrighted work ...
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