Public Man - Law Dictionary Search Results
Home Dictionary Name: public manPublic man
Public man, a public man clearly includes the Chief Minister or any other Minister of State Legislative Assembly or Legislative Assembly and excludes a Government Servant, M. Karunanidhi v. Union of India, AIR 1979 SC 898 (904). [Tamil Nadu Public Men Criminal (Misconduct) Act, (2 of 1974), s. 2(c)]...
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...
Charities, or Public Trusts
Charities, or Public Trusts. One of the earliest fruits of the Emperor Constantine's zeal, or pretended zeal, for Christianity, was a permission to his subjects to bequeath their property to the Church. This permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether they related to spiritual or temporal concerns) were entitled to peculiar favour, and to be deemed privileged testaments.Lord Thurlow was clearly of opinion that the doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distr...
Industrial undertaking in public sector
Industrial undertaking in public sector, means an industrial undertaking owned, controlled or man-aged by--(i) a Government company as defined in s. 617 of the Companies Act, 1956;(ii) a corporation established by or under a Central Provincial or State Act, which is controlled or managed by the Government. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1)]...
Public order
Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
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,...
Public policy, opposed to public policy
Public policy, opposed to public policy, from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public policy' are incapable of precise definition. Public policy, however, is not the policy of a particular government. It cannotes some matter which concern the public good and the public interest. The concept of what is for the public good or in the public interest or what would be injurious or harmful to the public good or the public interest has varied from time to time. As new concepts take the place of old, transactions which were once considered against public policy are now being upheld by the courts and similarly where there has been a well recognized head of public policy, the courts have not shirked from extending it to new transactions and changed circumstances and have at times not even flinched from inventing a new head of public policy. Practices which were considered perfectly normal at one time have today become obnoxio...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Publication
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...
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