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Law and order and public order

Law and order and public order, the acts which affect 'law and order' are not different from the acts which affect 'public order'. Indeed, a state of peace or orderly tranquillity which prevails as a result of the observance or enforcement of internal laws and regulations by the government, is a feature common to the concepts of 'law and order' and 'public order', Ram Ranjan Chatterjee v. State of West Bengal, (1975) 4 SCC 143: AIR 1975 SC 609 (611).The true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach upon society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore, touches the problem of law and order only, while in another it might affect public order, Amiya Kumar Karmakar v. State of West Bengal, (1972) 2 SCC 672: AIR 1972 SC 2259 (2260).The ...


public law

public law 1 : an enactment of a legislature that affects the public at large throughout the entire territory (as a state or nation) which is subject to the jurisdiction of the legislature or within a particular subdivision of its jurisdiction : general law called also public act public statute compare local law 2 a : the area of law that deals with the relations of individuals with the state and regulates the organization and conduct of government compare private law b : international law regulating the relations among sovereign states or nations as distinguished from private international law ...


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....


Lawful authorities

Lawful authorities, means those persons (such as the police) with the right to exercise public power, to require obedience to their lawful commands, and to command or act in the public name, Black's Law Dictionary, 7th Edn., p. 892....


Public policy

Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...


Unlawful assembly

Unlawful assembly, an assembly of five or more persons is designated an 'unlawful assembly', if the common object of the persons composing that assembly is:First.-To overawe by criminal force, or show of criminal force, the Central or any State Govern-ment or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; orSecond.-To resist the execution of any law, or of any legal process; orThird.-To commit any mischief of criminal trespass, or other offence; orFourth.-By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right of supposed right; orFifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what ...


Breach of peace

Breach of peace, is the criminal offence of creating a public disturbance or engaging in disorderly conduct particularly by making an unnecessary or distracting noise, Black Law Dictionary, 7th Edn., p. 183.Breach of peace, takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough; thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a Magistrate or Police Officer to preserve the peace unbroken, hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest; R.F.V. Heuston, Salmond on the Law of Torts, 131 (17th Edn., 1977).Means a disturbance of public peace order, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Breach of peace, offences against the public, which are either actual violations of the peace, or c...


Censor

Censor. A person who regulates or prohibits the publication of any newspaper or the production of any play or any part thereof. There is ordinarily no censorship of the press in England; but by ss. 12 and 14 of the (English) Theatres Act, 1843 (6 & 7 Vict. c. 68), a copy of every new stage play must, before it is acted for hire at any theatre in Great Britain, be sent to the Lord Chamberlain of His Majesty's Household, who will issue a license for its production or forbid it for the 'preservation of good manners, decorum, or the public peace.' See THEATRE; CINEMATOGRAPH.Roman Law. A Roman officer who acted as a census taker, assess or, and reviewer of public morals, Black's Law Dictionary, 7th Edn....


Local Government Board (Ministry of Health)

Local Government Board (Ministry of Health). This Board was established by the (English) Local Government Board Act, 1871 (34 & 35 Vict. c. 70), which concentrated in one department of the Government 'the supervision of the laws relating to the public health, the relief of the poor, and local government,' and transferred thereto all the powers of the Poor Law Board, all the powers of a Secretary of State as to registration of births, deaths, and marriages, public health, drainage, local government, etc. (as mentioned in scheduled Acts), and all powers of the Privy Council as to prevention of disease, and vaccination (as mentioned in scheduled Acts). The (English) Ministry of Health Act, 1919, s.11, transferred all the powers and duties of the Local Government Board to the Ministry of Health. All references in statutes to the Local Government Board must be read as referring to the Ministry of Health (S. 11, Sched. I.)....


Fraud

Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...


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