Public Mischief - Law Dictionary Search Results
Home Dictionary Name: public mischiefPublic mischief
Public mischief. Conduct causing or tending to cause public mischief constitutes a misdemeanour at common law. Prosecutions for this offence have become increasingly frequent of late years, and as to what constitutes the offence, see R. v. Munley, (1932) 1 KB 529 (false information to Police), Kerr v. Hill, Duncan v. Jones, (1936) 1 KB 218 (public meeting, apprehension of breach of the peace); and see Public Meeting Act, 1908 (8 Edw. 7, c. 66), and title infra....
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Mischief
Mischief, whoever with intent to cause of knowing that he is likely to cause, wrongful loss or damage to the public or to any person causes the destruction of any property or any such change in the property or in the situation thereof as destroys or diminishes its value or utility or affects it injuriously commits mischief. (See Indian Penal Code, s. 425).--This word is often used as signifying the object or purpose of a statute.It shall have the same meaning as in s. 425 of the Indian Penal Code. [Prevention of Damage to Public Property Act, 1984, s. 2 (a)]...
Acting in any manner prejudicial to the security of the State
Acting in any manner prejudicial to the security of the State, The expression 'acting in any manner prejudicial to the security of the State or the maintenance of public order' would, inter alia, include the commission on the offence of mischief by fire on any property of the Government or educational institution where the commission of such mischief disturbs or is likely to disturb public order, Keshab Roy v. State of West Bengal (1973) 3 SCC 216: AIR 1972 SC 926 (928)....
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Course of public justice
Course of public justice, particularly in the criminal sphere, was not confined to the process of adjudication and included functions of the police such as the investigation of offence and the arrest of suspected persons, that where a false allegation was made the mischief existed whether it was capable of identifying individuals or not; and that although the risk of an innocent person being subjected to wrongful arrest might be the greater in the former instance, it remained wherever the offence was descried with sufficient particularity to justify a significant police investigation, R. v. Cotter (CA), (2003) LR 951 (QB)....
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 ...
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
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