Reasonable Cause - Law Dictionary Search Results
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show showed shown or: showed show·ing : to demonstrate or establish by argument, reasoning, or evidence [must a compelling need for the court action] show cause : to establish by reasoning and evidence a valid reason for something [if a debtor wishes to extend a plan beyond three years, he must show cause "J. H. Williamson"] [must show cause why the petition may not be granted] ...
Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
Coroner
Coroner. A very ancient officer at the Common Law, so called because he has principally to do with pleas of the Crown, appointed in boroughs by the Borough Council under ss. 171-174 of the (English) Municipal Corporations Act, 1882, and in counties by the County Council, under s. 5 of the (English) Local Government Act, 1888, prior to which Act county coroners were elected by the freeholders in each county.An early definition of his duties was provided by the statute 'De Officio Coronatoris,' 4 Edw. 1, repealed by the consolidating (English) Coroners Act, 1887, which codifies the law as follows:--Where a coroner is informed that the dead body of a person is lying within his jurisdiction, and there is reasonable cause to suspect that such person has died either a violent or an unnatural death, or has died a sudden death of which the cause is unknown, or that such person has dies in prison, or in such place or under such circumstances as to require an inquest in pursuance of any Act, the...
In forma pauperis
In forma pauperis (in the character of a pauper). Every poor person, having cause of action, was entitled by 11 Hen. 7, c. 12, which is in affirmance of the Common Law, to have writs according to the nature of the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity to defendants.The statute 11 Hen. 7, c. 12, is repealed by the Statute Law Revision and Civil Procedure Act, 1883, but its provisions and those of the Chancery Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or defend as a poor person on proof that he has a reasonable cause of action or defence and that his means do not exceed 50l. his clothes, household goods, tools of trade, and the subject-matter of the...
Voluntarily
Voluntarily, a person is said to cause an effect 'voluntarily' when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. (Indian Penal Code, 1860, s. 39)Intentionally; without coercion, Black's Law Dictionary, 7th Edn., p. 1569.The crux of making statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which implies him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for...
Reasonable grounds
Reasonable grounds, means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence, Collector of Customs v. Ahmadalieva Nodira, (2004) 3 SCC 549 (552). [N.D.P.S. Act, 1985, s. 37(1)(b)]...
Breach of peace
Breach of peace, is the criminal offence of creating a public disturbance or engaging in disorderly conduct particularly by making an unnecessary or distracting noise, Black Law Dictionary, 7th Edn., p. 183.Breach of peace, takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough; thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a Magistrate or Police Officer to preserve the peace unbroken, hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest; R.F.V. Heuston, Salmond on the Law of Torts, 131 (17th Edn., 1977).Means a disturbance of public peace order, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Breach of peace, offences against the public, which are either actual violations of the peace, or c...
Causa ecclesia publicis causis a quiparatur; et summa est ratio qua pro religione facit
Causa ecclesia publicis causis a quiparatur; et summa est ratio qua pro religione facit [Lat.], The cause of the Church is equal to public causes; and for the best of reasons-it is the cause of religion....
Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
recuse
recuse re·cused re·cus·ing [Anglo-French recuser to refuse, from Middle French, from Latin recusare, from re- back + causari to give a reason, from causa cause, reason] 1 : to challenge or object to (as a judge) as having prejudice or a conflict of interest 2 : to disqualify (as oneself or another judge or official) for a proceeding by a judicial act because of prejudice or conflict of interest [an order recusing the district attorney from any proceeding may be appealed by the district attorney or the Attorney General "California Penal Code"] re·cuse·ment n ...
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