Rightfully - Law Dictionary Search Results
Home Dictionary Name: rightfullyRight
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Right and legal right
Right and legal right, 'right' is an interest recog-nised and protected by moral or legal rules. It is an interest the violation of which would be a legal wrong. Respect for such interest would be a legal duty. That is how Salmond has defined the 'Right'. In order, therefore, that an interest becomes the subject of a legal right, it has to have not merely legal protection but also legal recognition. The elements of a 'Legal Right' are that the 'right' is vested in a person and is available against a person who is under a corresponding obligation and duty to respect that right and has to act or forbear from acting in a manner so as to prevent the violation of the right. If, therefore, there is a legal right vested in a person, the latter can seek its protection against a person who is bound by a corresponding duty not to violate that right, Mr. X v. Hospital Z, AIR 1999 SC 495 (499): (1998) 8 SCC 296...
Right to life
Right to life, the 'right to life' includes the right to livelihood. The sweep of the right of life conferred by Article 21 is wide and far reaching. It does not mean merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right of life. An equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. Such deprivation would not only denude the life of its effective content and meaningfulness but it would make life impossible to live. And yet, such deprivation would not have to be in accordance with the procedure established...
Civil rights
Civil rights, means any right accruing to a person by reason of the abolition of 'untouchability' by article 17 of the Constitution. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (a)]1. The individual rights of personal liberty guaranteed by the bill of rights as well as by legislation such as the voting Rights Act; civil rights include esp. the right to vote, the right of due process, and the right of equal protection of law, Black's Law Dictionary, 7th Edn., p. 240....
Occupancy right
Occupancy right, occupancy rights are creatures of statutes, or to be more precise the creatures of custom adopted by statute, which by defining the nature of the evidence, which a person claiming such rights is required to adduce, have extended such rights to a larger class of ryots. They are creatures of custom or of statute only in the sense that acquisition of such rights by ryots does not depend upon the bounty or gift of the landlord, but they can be acquired against his will. This does not imply that the landlord cannot by grant confer on his tenant, rights exactly similar to rights of occupancy. He can in his grant define rights which he is granting to his tenant, by mentioning in detail in the different clauses of the Patta the exact incidents of the rights he is granting. If he does so, the ryot or tenant would get these rights, Jogendra Narayan Dhar v. Askarulla, AIR 1937 Cal 27: 169 IC 700....
Right of private defence
Right of private defence, the right of private defence of person and property is recognised in all free, civilised, democratic societies within certain reasonable limits. Those limits are dictated by two considerations: (1) that the same right is claimed by all other members of the society and (2) that it is the State which generally undertakes the responsibility for the maintenance of law and order. The citizens, as a general rule, are neither expected to run away of safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrongs done to them or to punish the wrongdoer for commission of offences. The right of private defence serves a social purpose and as observed by the Supreme Court more than once there is nothing more degrading to the human spirit than to run away in face of peril. But this right is basically preventive and not punitive, Gottipulla Venkata Siva Subbrayanam v...
Right to elect
Right to elect, a right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election. Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election. Statutory creations they are, and therefore, subject to statutory limitation, Jyoti Basu v. Debi Ghosal, AIR 1982 SC 983: (1982) 1 SCC 691: (1982) 3 SCR 318...
Right to sue
Right to sue, the 'right to sue' means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death'. Thus, contracts involving the exercise of special skill like a promise to paint a picture do not bind the representatives of the promisor, nor do they create in them a right that can survive the death of the promisor, Phool Rani v. Naubat Rai Ahluwalia, AIR 1973 SC 2110: (1973) 1 SCC 688: (1973) 3 SCR 679. [Delhi rent Control Act, 1958, s. 14(1)(e)](ii) The term 'right to sue' must be equated with 'cause of action', unless the context indicates otherwise, Gurdit Singh v. Munsha Singh, AIR 1977 SC 640: (1977) 1 SCC 791: (1977) 2 SCR 250.The words 'right to sue' ordinarily mean the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises, that is, the right to prosecute to obtain relief by legal means, State of Punjab v. Gurdev Singh, AIR 1991 SC 2219 (2220): (1991) 4...
right
right [Old English riht, from riht righteous] 1 a : qualities (as adherence to duty or obedience to lawful authority) that together constitute the ideal of moral propriety or merit moral approval b : something that is morally just [able to distinguish from wrong] 2 : something to which one has a just claim: as a : a power, privilege, or condition of existence to which one has a natural claim of enjoyment or possession [the of liberty] [that all men…are endowed by their Creator with certain unalienable s "Declaration of Independence"] see also natural right b : a power, privilege, immunity, or capacity the enjoyment of which is secured to a person by law [one's constitutional s] c : a legally enforceable claim against another that the other will do or will not do a given act [the defendant may be under a legal duty…to exercise reasonable care for the plaintiff's safety, so that the plaintiff has a corresponding legal to insist on that care "W. L. Prosser and W. P. K...
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