S 107 - Law Dictionary Search Results
Home Dictionary Name: s 107Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
Abet
Abet [from a (ad vel usque), and bedan, or beteren, to stir up or excite, Sax.], to maintain or patronise: to encourage or set on. The act is called abetment. An abettor or abettator is an instigator or setter on, one who promotes or procures a crime to be committed, Old Nat. Br. 21. See ACCESSARY.With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). [General Clauses Act, 1897 (10 of 1897), s. 3 (1)]Defined. (Abetment of a thing.-A person abets the doing of a thing, who-First.-Instigates any person to do that thing; orSecondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orThirdly.-Intentionally aids, by any act or illegal o...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Derogation
Derogation, the act of weakening or retraining a former law or contract. It is an established rule that a man may not derogate from his own grant. See Wheeldon v. Burrows, (1879) 12 CD 31, and Pearce v. Maryon-Wilson, (1935) 1 Ch 188 (Building Scheme), and EASEMENTS.Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under s. 107. [Criminal Procedure Code, 1973, s. 145(10)]'Derogation' means, taking away, lessening or impairing the authority, position or dignity, and the context in which sub-s. (13) occurs clearly shows that the provisions of, s. 198B do not impair the remedy provided by s. 198, P.C. Joshi v. State of Uttar Pradesh, AIR 1961 SC 387 (390): (1961) 2 SCR 63. [Criminal Procedure Code 1898, s. 198B(13)]...
Young person
Young person. In the (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), this expression (s. 107) ' means a person who has attained the age of fourteen years and is under seventeen years.'A young person within the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42), is a person who is under the age of eighteen years (s. 5). See CHILD-REN.Means a person under the age of twenty years. [Young Persons (Harmful Publications) Act, 1956 (93 of 1956), s. 2 (c)]Means a person who has completed fourteen years of age but has not completed eighteen years of age. [Beedi and Cigar Workers (Conditions of Employ-ment) Act, 1966 (32 of 1966), s. 2(q)]Means a person who is either a child or an adolescent. [Factories Act, 1948 (63 of 1948), s. 2(d)]Means a person who is either a child or an adolescent. [Plantations Labour Act, 1951 (69 of 1951), s. 3(J)]...
Police officer
Police officer, the expression 'police officer' used in s. 523, Criminal Procedure Code, is to be construed strictly. A Customs Officer cannot be regarded as police officer, Assistant Collector of Customs v. Tilak Raj Shiv Dayal, AIR 1969 Del 301 (303). [Cr. P.C., 1898, s. 523]A Customs Officer conducting an inquiry under s. 107 or 108 of the Act is not a Police Officer and the person against whom the inquiry is made is not an accused and the statement made by such a person in that inquiry 'is not a statement made by a person accused of an offence', Percy Rustomji Basta v. State of Maharashtra, AIR 197 SC 1087 (1091); See also Illias v. Collector of Customs, AIR 1970 SC 1065. (Evidence Act, 1872, s. 25)...
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