Pretence - Law Dictionary Search Results
Home Dictionary Name: pretenceFalse pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
Begging
Begging, means:(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (b)]Begging means-- (i) soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise; (ii) exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease, whether himself or of any other person or of an animal; (iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms. [Children...
Collusion
Collusion [fr. collusio, Lat., fr. colludo, to unite in the same play or game, and thus to unite for the purposes of fraud or deception], an agreement or compact between two or more persons to do some act in order to prejudice a third person, or for some improper purpose. Collusion in judicial proceedings is a secret agreement between two persons that the one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose, and appears to be of two kinds: (1) When the facts put forward as the foundation of the sentence of the Court do not exist; (2) When they exist, but have been corruptly preconcerted for the express purpose of obtaining the sentence. In either case the judgment obtained by such collusion is a nullity. See Duchess of Kingston's case, (1776) 2 Sm. L.C. Collusion between the petitioner and either of the respondents in presenting or prosecuting a suit for dissolution of marriage is a bar to such suit by the Judic...
Pretence
See Pretense Pretenseful Pretenseless...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
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 ...
Cheats
Cheats, deceitful practices, in defrauding on endeavouring to defraud another of his known rights, by means of some artful device, contrary to the plain rules of common honesty; as by playing with false dice, by causing an illiterate person to execute a deed to his prejudice, or reading it over to him in words different from those in which it is written; selling one commodity for another, or using false weights and measures, and the like, 1 Hawk. 188. 'If a person in the course of his trade or business, openly and publicly carried on, put a false mark or token upon an article so as to pass it off as a genuine one, when in fact it is only a spurious one, and the article is sold and money obtained by means of that false mark or token, that will be a cheat at Common Law.'-Per Cockburn, C.J., in R. v. Closs, (1857) 27 LJ MC 54. See also R. v. Vreones, (1891) 1 QB 360; R. v. Hamilton, 1901 (1) KB 740.Cheating at play is punishable in like manner as obtaining money by false pretences under t...
Criminal Law
Criminal Law. Consult Archbold's Criminal Pleading; Chitty's Statutes, tit. 'Criminal Law'; Stephen's Digest of the Criminal Law; Russell on Crimes; and see titles ARSON, ASSAULT, BURGLARY, EMBEZZLE-MENT, FALSE PRETENCES, LARCENY, MAN-SLAUGHTER, MURDER, RAPE, TREASON, and WOUNDING.The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishment for convicted offenders, Black's Law Dictionary, 7th Edn....
Gaming or gambling
Gaming or gambling, the playing any game of chance, as cards, dice, etc., for money, or money's worth.The still unrepealed 33 Hen. 8, c. 9, prohibits the keeping of any common house for dice, cards, or any unlawful games, under penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein; and the (English) Gaming Act, 1738 (12 Geo. 2, c. 28) (applied by the Gaming Act, 1739 (13 Geo. 2, c. 19), to all games with dice, except backgammon, and by the (English) Gaming Act, 1744 (18 Geo. 2, c. 34), to 'roulet, otherwise roly-poly'), declares hazard and other games to be lotteries, so that the keepers of tables for them are liable to penalties under the (English) Lotteries Act, 1721 (8 Geo. 1, c. 2), the (English)Lotteries Act, 1710 (9 Anne, c. 6), and the Lotteries Act, 1698 (10 & 11 Wm. 3, c. 17); the system ofincorporation of previous statutes by referencebeing carried very far in gaming legislation.Gaming in Public-houses, etc.--Sect. 79 of the (E...
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