Physical Taking - Law Dictionary Search Results
Home Dictionary Name: physical takingphysical taking
physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...
Entices takes
Entices takes, the expression used in s. 361, I.P.C. is 'whoever takes or entices any minor'. The word 'takes' does not necessarily connote taking by force and it is not confined only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other. This can take many forms, difficult to visualise and describe exhaustively; some of them may be quite subtle, depending for their success on the mental state of the person at the time when the inducement is intended to operate. This may work immediately or it may create continuous and gradual but imperceptible im-pression culminating after some time, in achieving its ultimate purpose of successful inducement, Thakorlal D. Verdgama v. State of Gujarat, AIR 1973 SC 2313 (2320); See als...
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
taking
taking 1 : a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking NOTE: A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property. 2 : the wrongful acquisition of control over property (as in larceny) or a person ...
Whoever takes or entices any minor
Whoever takes or entices any minor, the word 'takes' does not necessarily connote taking by force and it is not connected only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other, Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313: (1973) 2 SCC 413: (1974) 1 SCR 178....
Take
Take, has several meanings, such as 'seize, grasp, capture, catch, receive into the body, appropriate, secure, get, receive by payment, assume, choose, adopt, consume, obtain, derive from source or by some process, receive, enjoy, accept, etc. Seizure of an article may amount to 'taking', Food Inspector v. T.V. Hameed, 1983 FAJ 443: 1984 (1) FAC 41 (Ker): 1983 Ker LT 901.Take, is said to mean to get into one's hands or into one's possession, Power or Control by force or, Stratagem, to Seize or Capture Physically, Saidu Mohammad v. Food Inspector, 1973 Ker LJ 681: 1973 Mad LJ Cr 582: 1973 Ker LT 678.Mean 'order proceeding' to be taken, Mangulal Chunilal v. Manilal Maganlal, AIR 1968 SC 822: 1968 Cr LJ 979; State v. Manilal Jethalal, AIR 1953 Bom 365.Means to obtain possession or control, whether legally or illegally, Black's Law Dictionary, 7th Edn., p. 1466....
physical therapy (pt)
physical therapy (pt) Many injured employees are entitled to receive physical therapy as a form of medical treatment to recover from injuries. On forms, or in medical records, you may see a reference to "PT." That is short for "physical therapy." ...
Physically
In a physical manner according to the laws of nature or physics by physical force not morally...
Physically handicapped
Physically handicapped, means a physical impair-ment or disability in vital organs of a human body. Such a deformity interferes with the normal functioning of bones, muscles or joints. Condition of being handicapped may be congenital or acquired due to accident or disease. Scar on face, torn ear with perfect hearing, torn nose with no breathing trouble amputation of toe or finger are not within purview of physically handicapped, Suresh K. Bhat v. University of Mangalore, AIR 1987 Kant 1958: (1987) 1 LR 1987 Kant 436....
joint physical custody
joint physical custody The sharing, by both parents, of the actual physical care and custody of a child. ...
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