Public Policy - Law Dictionary Search Results
Home Dictionary Name: public policy Page: 2Restraint of trade
Restraint of trade. Contracts in general restraint of trade--that is, that a party shall not carry on a particular trade at all--are void on the ground of public policy, Mitchel v. Reynolds, (1711) 1 P Wms 181; 1 Sm LC, but contracts in partial restraint of trade--that is, where the restraint does not extend further than is necessary for the reasonable protection of the party for whose protection it has been agreed to--are good, if made, although by deed, for some consideration, and if not injurious to the public interests of this country. See the Nordenfelt case,1894 AC 535, in which it is recognised that the law of this subject has been gradually growing in liberality, Attwood v. Lamont, (1920) 3 KB 571; Dewas v. Fitch, (1921) 2 AC 158; and consult Leake or Chitty on Contracts.An agreement between or combination of businesses intended to eliminate competition, create a mono-poly, artificially raise prices, or otherwise ad-versely affect free market, Black's Law Dictionary, 7th Edn....
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...
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 ...
Immoral
Immoral, the word 'immoral' is a very comprehen-sive word. Ordinarily it takes in every aspect of personal conduct deviating from the standard norms of life. It may also be said that what is repugnant to good conscience is immoral. Its varying content depends upon time, place and the stage of civilization of a particular society, Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781 (797): Supp 2 SCR. (Indian Contract Act, 1872, s. 23)The consideration or object of an agreement is lawful unless the court regards it as immoral, or opposed to public policy....
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Restraint of marriage
Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....
Object
Object, the word object would mean the purpose and design which is the object of the contract, if it is opposed to public policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is void under s. 23 of the Contract Act. S. 23 is concerned with only the object or consideration of the transaction and not the reasons or motive which prompted it, Gurmukh Singh v. Amar Singh, (1991) 3 SCC 79 (82). (Indian Contract Act, 1872, s. 23)...
Marriage brokage
Marriage brokage, a consideration paid for contriving a marriage, and illegal as contrary to public policy, so that money paid under it may be recovered back, Herman v. Chrlesworth, (1905) 2 KB 123....
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Judicial activism
Judicial activism, means a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent, Black's Law Dictionary, 7th Edn., p. 850....
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