Privilege In Law - Law Dictionary Search Results
Home Dictionary Name: privilege in lawPrivilege in law
Privilege in law, is defined as immunity or an exemption from some duty-burden, attendance or liability conferred by special grant in derogation of common right, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184....
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Exemption
Exemption, immunity; freedom from imposts; a privilege to be free from service or appearance.Freedom from a duty, liability or other requirement, Black's Law Dictionary, 7th Edn., p. 594.The words 'exemption' or other modification are wide enough to enable the Central Government to give rebate such as has been allowed under the Concession Order, Commissioner of Income Tax v. Anant Rao B. Kamat, AIR 1966 SC 279: (1964) 8 SCR 263.Is the freedom or release from a liability, obligation, Webster American Dictionary, p. 405.Under the Constitution of India execution is available to the property of the Union from State taxation, Constitution of India, Art. 285.Is available from taxes on electricity, Constitution of India, Art. 287.Applies only to the extent the trade or business is incidental to the ordinary functions of the Govern-ment, Constitutions of India, Art. 289(3).Is the privilege of being excepted, excused, freed from the operation of a law, A Dictionary of Law, William C. Anderson, ...
Alsatia
Alsatia, formerly a cant name for Whitefriars, a district in London between the Thames and Fleet Street, and adjoining the Temple, which, possessing certain privileges of sanctuary, became for that reason a nest of those mischievous characters who were generally obnoxious to the law; see Scott's Fortunes of Nigel, ch. 17. These privileges were derived from its having been an establishment of the Carmelites, or White Friars, founded in 1241. In the time of the Reformation the place retained its immunities as a sanctuary, and James I. confirmed and added to them by a charter in 1608, but all privileges of sanctuary were shortly afterwards abolished in 1624 by 21 Jac. 1, c. 28....
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Disfranchisement
Disfranchisement, signifies taking a franchise from a man for some reasonable cause, Symmers v. R., (1776) 2 Cowp 489 (502)Disfranchisement, is the expulsion of a corporator from membership and involves the total depriva-tion of all privileges, rights, interest, profits and advantages which the individual member enjoyed whilst a corporator, Halsbury's Laws of England (9), para 1253, p. 746.Disfranchisement, the act of depriving of a franchise, immunity, or privilege; the depriving a constituency of a right to return a member to Parliament, or a person of a right to vote at a Parliamentary or Municipal Election....
Public law
Public law, means those branches of law which deal with the rights/duties and privileges of the public authorities and their relationship with the individual citizens of the State Pertain to 'public law', Common Cause, A Registered Society v. Union of India, (1999) 6 SCC 667....
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 ...
prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
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