Public Order - Law Dictionary Search Results
Home Dictionary Name: public order Page: 2 Page 2 of about 123 results (0.003 seconds)In the interest of
In the interest of, clause 2 of Article 19 protects a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression 'in the interests of' public order, which is much wider than 'for maintenance of' public order. If certain activities have a tendency to cause public disorder, a law penalising such activities as an offence cannot but be held to be a law imposing reasonable restriction 'in the interests of' public order although in some cases those activities may not actually had to a breach of public order, Ramji Lal Modi v. State of U.P., AIR 1957 SC 620 (623): (1957) SCR 860. [Constitution of India, Art. 19(2)]...
Graveyard
Graveyard, Under the Mahomedan Law the graveyards may be of two kinds - a family or private graveyard and a public graveyard. A graveyard is a private one which is confined only to burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to be bury to his dead. On the other hand if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complete and the graveyard has become a public graveyard where the Mahomedan public will have the right to bury their dead. It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard, Syed Mohd. Salie Labbai v. Mohd. Hanifa, AIR 1976 SC 1569 (1584): (1976) 4 SCC 780: (1976) 3 SCR 721.Once a Ka...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
Milk
Milk. As to the sale of unwholesome milk, see (English) Public Health Act, 1875, ss. 116-119; and see, generally, (English) Food and Drugs (Adulteration) Act, 1928, under which sampling powers are given and power to analyse samples, etc. (ss. 13 et seq.); and (English) Public Health Amendment Act, 1907, ss. 53 and 54. See, further, the (English) Milk and Dairies (Consolidation) Act, 1915 (5 & 6 Geo. 5, c. 66), as amended by the (English) Milk and Dairies (Amendment) Act, 1922, making provision for the sale of milk and the regulation of dairies. If the premises are unsuitable for the sale of milk, the sanitary authority may refuse to register or may remove from the register the names of dairymen [(English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50), s. 185]. See also the (English) Mils (Special Designations) Order Mils) Regulations, 1923, No. 1323; Public Health (Condensed Mils) Regulations, 1925, No. 509; Mils and Dairies Order, 1926, No. 821: Mils (Special Designat...
Promulgate
Promulgate, connotes two ideas: (i) making known of an order; and (ii) the means by which the order is made known must be by something done openly and in public. It may be by beat of drum; it may be by publication in the Gazette; it may be by reading out an order openly in public. An order duly pronounced in open court must be deemed to be duly promulgated, so far as the parties to the case are concerned, State v. M. Tugla, AIR 1955 All 423: 1955 Cr LJ 111....
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....
libel
libel [Anglo-French, from Latin libellus, diminutive of liber book] 1 : complaint used esp. in admiralty and divorce cases 2 a : a defamatory statement or representation esp. in the form of written or printed words ;specif : a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt b : the publication of such a libel c : the crime or tort of publishing a libel see also single publication rule New York Times Co. v. Sullivan in the Important Cases section compare defamation, slander NOTE: Although libel is defined under state case law or statute, the U.S. Supreme Court has enumerated some First Amendment protections that apply to matters of public concern. In New York Times Co. v. Sullivan, the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that “the statement was made with ‘actual malice’ &...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Sedition
Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...
Public emergency and economic emergency
Public emergency and economic emergency, public emergency within the contemplation of this section is one which raises problems concerning the interest of the public safety, the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or the prevention of incitement of the commission of an offence. It is in the context of these matters that the appropriate authority has to form an opinion with regard to the occurrence of a 'public emergency' with a view to taking further action under this s. Economic emergency is not one of those matters expressly mentioned in the statute, Hukam Chand Shyam Lal v. Union of India, (1976) 2 SCC 128: AIR 1976 SC 789. [Telegraph Act, 1885, s. 5(1)]...
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