Public Law - Law Dictionary Search Results
Home Dictionary Name: public law Page: 2Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
corporation
corporation [Late Latin corporatio, from Latin corporare to form into a body, from corpor- corpus body] : an invisible, intangible, artificial creation of the law existing as a voluntary chartered association of individuals that has most of the rights and duties of natural persons but with perpetual existence and limited liability see also pierce compare association, partnership, sole proprietorship close corporation [klōs-] : a corporation whose shares are held by a small number of individuals (as management) and not publicly traded ;specif : small business corporation in this entry called also closely held corporation compare public corporation in this entry foreign corporation : a corporation organized under the laws of a state or government other than that in which it is doing business government corporation : public corporation in this entry moneyed corporation : a corporation (as a bank) authorized to engage in the investment, exchange, or lending of moneyed capit...
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
International Law
International Law. I. Public Law: The law of nations, strictly so called, was in a great measure unknown to antiquity, and is the slow growth of modern times, under the combined influence of Christianity, intercourse, commerce and war.II. Private Law (Conflict of Laws): It is plain that the laws of one country can have no intrinsic force, proprio vigore, except within the territorial limits and jurisdiction of that country. They can bind only its own subjects and others who are within its jurisdictional limits; and the latter only while they remain therein. No other nation, or its subjects, is bound to yield the slightest obedience to those laws. Whatever extra-territorial force they are to have is the result not of any original power to extend them abroad, but of that respect which, from motives of public policy, other nations are disposed to yield to them, giving them effect, as the phrase is, sub mutu' vicissitudinis obtentu, with a wise and liberal regard to common convenience and ...
public accommodations
public accommodations Federal and state laws prohibit discrimination against certain protected groups in businesses and places that are considered "public accommodations." The definition of a "public accommodation" may vary depending upon the law at issue (i.e. federal or state), and the type of discrimination involved (i.e. race discrimination or disability discrimination). Generally speaking, it may help to think of public accommodations as most (but not all) businesses or buildings that are open to (or offer services to) the general public. ...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
public record
public record : a record required by law to be made and kept: a : a record made by a public officer or a government agency in the course of the performance of a duty b : a record filed in a public office NOTE: Public records are subject to inspection, examination, and copying by any member of the public. ...
full faith and credit
full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back matter compare choice of law, comity, federalism NOTE: Unlike comity, full faith and credit is a requirement created by the U.S. Constitution and the U.S. Code. A public law or a judicial decision may not, however, be entitled to full faith and credit for specific reasons (as for having been decided by a court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. ...
Public disorder
Public disorder, is wide enough to cover a small riot an affray and other cases where peace is disturbed by or affects a small group of persons, Brij Bhushan v. State of Delhi, AIR 1950 SC 129: (1950) Cr LJ 1525.Means every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the ground that they were disturbing public order, State of Uttar Pradesh v. Sanjai Pratap Gupta @ Pappu, (2004) 8 SCC 591....
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