Reasonable Requirement - Law Dictionary Search Results
Home Dictionary Name: reasonable requirement Page: 2seizure
seizure : the act, fact, or process of seizing: as a : the seizing of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspi...
McDonnell Douglas test
McDonnell Douglas test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an averse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, non-discriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant's stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action, Mc Donnell Douglas Corp v. Green, 411 US 792, 93 S.Ct. 1817 (1973); Bl...
Proof
Proof, does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion, Hawkins v. Powells Tillery Steam Coal Co. Ltd., (1911) 1 KB 988: 1911 WN 53.Proof, evidence, testimony, convincing token means of conviction. Also standard strength of spirituous liquids.See BURDEN OR PROOF; EVIDENCE; BANK-RUPTCY; WINDING-UP.The word 'proof' need be understood in the sense in which it is defined in the Evidence Act because proof depends upon the admissibility of evidence. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This is the definition given for the word 'proved' in the Evidence Act. What is required is production of such materials on which the court can reaso...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Restriction
Restriction, connotes that limitations imposed on a person for enjoyment of right should not be arbitrary or of an excessive nature beyond what is required in interest of public. Reasonableness of a restriction depends upon nature of right claimed, object to be achieved, means employed and limitations imposed, Syed Jassadduque Hussain v. Union of India, 1987 Kash LJ 760.Restriction. Under the Land Registration Act, 1925, s. 58, and rules 56 and 58, L.R. Rules, 1925, is an entry on the register, usually requiring notice to or consent by a named person before any further dealing is registered. The restriction may be limited to a special class of dealings and may have a continuous effect unlike a 'caution,' which can only operate once. Restrictions are frequently entered for the protection of settled land. Consult Fortescue-Brickdale and Stewart-Wallace on the Land Registration Act, 1925.It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be ...
Grounds
Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.'Grounds' in Article 22(5) do not mean mere factual inferences but mean factual inferences plus factual material which led to such factual inferences. The 'grounds' must be self-sufficient and self-expl...
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....
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Requirement
Requirement, connotes that there should be an element of need, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272.Requirement, coupled with the word reasonable means that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity, Raghunath G. Panhale v. Chaganlal Sundarji, (1999) 8 SCC 1.Requirement, implies something more than mere wish or desire. It implies real need which should stand proved on an objective consideration of the facts which are relevant, Nabeesu v. Land Tribunal Cannanore, AIR 1985 NOC 52 (Ker)....
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)]...
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