Reasonable Probability - Law Dictionary Search Results
Home Dictionary Name: reasonable probabilityreasonable probability
reasonable probability : a probability that the result of a proceeding would have been different if not for the unprofessional errors of counsel or nondisclosure of exculpatory material by the prosecution which is sufficient to undermine confidence in the outcome ...
Reasonable and probable cause
Reasonable and probable cause, means genuine belief based on reasonable grounds that the proceedings are justified, ST Sahib v. Hassan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause, such grounds as justify any one in suspecting another of a crime and giving him in custody thereon. Its absence is one of the causes of action in an action for malicious prosecution and its existence is a defence to an action for false imprisonment. After the jury have found the facts, the question whether the facts show a reasonable and probable cause is a question of law, not fact, but the judge may leave that finding to the jury in some cases, McDonald v. Rooke, (1835) 2 Bing (NC) 217. See Addison on Torts; Clerk and Lindsell on Torts. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION.'Reasonable and probable cause' means a genuine belief, based on reasonable grounds, that the proceedings are justified, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause means an ...
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
natural and probable consequence
natural and probable consequence : a consequence that one could reasonably expect to result from an act [the injury was determined to be a natural and probable consequence of the defendant's negligence] ...
Reasonable hypothesis
Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond reasonable doubt. If those circumstances or some of them can be explained by any other reasonable hypothesis then the accused must have the benefit of that hypothesis. But in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities, Awadhi Yadav v. State of Bihar, AIR 1971 SC 69 (70): (1971) 3 SCC 116....
Rules of reason
Rules of reason, the 'rule of reason' normally requires an ascertainment of the facts or features peculiar to the particular business; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable; the history of the restraint and the evil believed to exist, the reason for adopting the particular restraint and the purpose or end sought to be attained and it is only on a consideration of these factors that it can be decided whether a particular act, contract or agreement, imposing the restraint is unduly restrictive of competition so as to constitute 'restraint of trade', Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....
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)]...
Probable cause
Probable cause, is not the same thing as sufficient cause and has to be judged from the standard of a reasonable and ordinary prudent man, C.B. Aggarwal v. P. Krishna Kapoor, AIR 1995 Del 154....
forecasting
forecasting The calculation of reasonable probabilities about a business' financial future ...
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
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