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Prejudicial - Law Dictionary Search Results

Home Dictionary Name: prejudicial

Acting in any manner prejudicial to the main-tenance of public order

Acting in any manner prejudicial to the main-tenance of public order, The expressions 'law and order', 'public order' and 'security of the State' are distinct concepts though not always separate. Whereas every breach of peace may amount to disturbance of law and order, every such breach does not amount to disturbance of public order and every public disorder may not prejudicially affect the 'security of the State'. One has to imagine three concentric circles, in order to understand the meaning and import of the above expressions. 'Law and order' represents the largest circle within which is the next circle representing 'public order' and the smallest circle represents 'security of State'. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of State. It is in view of the above distinction, the Act defines the expressions 'acting in any manner prejudicial to the security of the State' and 'acting in any ...


Acting in any manner prejudicial to the security of the State

Acting in any manner prejudicial to the security of the State, The expression 'acting in any manner prejudicial to the security of the State or the maintenance of public order' would, inter alia, include the commission on the offence of mischief by fire on any property of the Government or educational institution where the commission of such mischief disturbs or is likely to disturb public order, Keshab Roy v. State of West Bengal (1973) 3 SCC 216: AIR 1972 SC 926 (928)....


Prejudicial to the interests of the Revenue

Prejudicial to the interests of the Revenue, regarded as involving a conception of acts or orders which are subversive of the administration of revenue. There must be some grievous error in the order passed by the Income Tax Officer, which might set a bad trend or pattern for similar assessments, which on a broad reckoning, the Commissioner might think to be prejudicial to the interests of Revenue Administration, Venkatakrishna Rice Co. v. C.I.T., (2000) 2 SCC 718....


prejudicial

prejudicial : having the effect of prejudice: as a : tending to injure or impair rights [such a transfer would be to other creditors] b : leading to a decision or judgment on an improper basis [the evidence was excluded because it was more than probative] ...


prejudicial error

prejudicial error see error ...


Action prejudicial

Action prejudicial, otherwise called preparatory or principal, an action arising from some preliminary doubt, as in case a man sue his younger brother for lands descended from the father, and it is objected against him that he is bastard, this point of bastardy must be tried before the cause can proceed. It is, therefore, termed pr'judicialis....


error

error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: Generally a party must object to an error at trial in order to raise it as an issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...


Comity of Nations

Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter, and is inadmissible when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided, Story's Conflict of Laws, s. 38, and see Westlake's Pr. Intern. Law....


Person aggrieved

Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...


confidential

confidential 1 : known or conveyed only to a limited number of people [a disclosure] 2 : marked by or indicative of intimacy, mutual trust, or willingness to confide esp. between parties one of whom is in a position of superiority [the relationship of doctor and patient] 3 : containing information whose unauthorized disclosure could be prejudicial to the national interest con·fi·den·ti·al·i·ty [kÄ n-fi-den-chē-a-lə-tē] n con·fi·den·tial·ly adv ...


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