S 61 - Law Dictionary Search Results
Home Dictionary Name: s 61 Page: 2Threats
Threats, or menaces of bodily hurt, through fear of which a man's business is interrupted, are civil injuries affecting the right of personal security. The remedy for this species of injury is in pecuniary damages.By the Larceny Act, 1916, s. 30,Every person who with intent:(a) to extort any valuable thing from any person, or(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,(1)publishes or threatens to publish any libel upon any other person whether living or dead; or(2)directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment, with or without hard labour, for any term not exceeding two years.See also, s. 29 (ibid.), as to threats to accuse of certain serious crimes, and BLACKMAIL.Th...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Timber
Timber, has an enlarged or restricted sense, according to the connection in which it is employed, and may refer to standing trees or wood suitable for the manufacture of lumber to be used for building and allied purposes, Corpus Juris Secundum, Vol. 54, p. 1.Timber, may be used in a restricted as well as enlarged sense. In the restricted sense it means specified trees like oak, ash, elm, teace, blackwood, ebony etc. and in the enlarged sense it means woods suitable for building, furniture, and carpentry etc., and includes standing trees. Its true meaning has to be determined from the context in which it is employed, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See also Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Means at common law oak, ash and elm are timber if over twenty years old, but not so old as to have unusable wood in them. Other trees may be timber by the custom of the country. Thus beech is timber by the custom of Buckinghamshire an...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Sodomy
Sodomy, is non coital, cornal copulation with a member of the same or opposite sex, AIR 1962 Kant 46 (48). [(Indian) Divorce Act, 1869, s. 10**]1. Oral or anal copulation between humans, esp. those of same sex 2. Oral or anal copulation between human and animal; bestiality, Black's Law Dictionary, 7th Edn., p. 1396.Sodomy, the crime against nature, punishable until 1891 by a minimum term of ten years' penal servitude; prescribed by s. 61 of the Offences against the Person Act, 1861, but the effect of the Penal Servitude Act, 1891, s. 1, sub-s. 2, appears to be that imprisonment may be substituted, though this particular crime is not expressly mentioned in that Act....
Explosives
Explosives, as to injuries by, see the Malicious Damage Act, 1861, ss. 9, 10; the Offences against the Person Act, 1861, ss. 28-30, 64, 65; Chitty's Statutes, tit. 'Criminal Law.'The (English) Explosives Act, 1875 (38 Vict. c. 17), as amended and extended by the (English) Explosives Act, 1923 (13 & 14 Geo. 5, c. 17), regulates the manufacture, keeping, sale, and conveyance of gunpowder and other explosives, and the licensing and management of stores, defining 'explosive' in that Act as meaning:gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;And as including:For signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.The ...
Cultivation
Cultivation, plants sprouted by natural growth, do not amount to cultivation, Alakh Ram v. State of Uttar Pradesh, (2004) 1 SCC 766. [Narcotic Drugs and Psychotropic Substances Act, 1985, s. 8(b)]Includes horticulture and the use of land for any purpose of husbandry including keeping or breeding livestock, poultry or bees, and growing fruit, vegetables and the like, Small Holdings and Allotments Act, 1908, s. 61(1) (UK); Halsbury's Laws of England, Vol. 2, para 1, p. 3.Cultivation, are deemed to include horticulture and the use of land for any purpose of husbandry, inclusive of the keeping or breeding of livestock, poultry, or bees, and the growth of fruit, vegetables, and the like, Agricultural Credits Act, 1928, s. 5(7) (UK) Halsbury's Laws of England, Vol. 1(2), para 551, p. 295....
Bestiality
Bestiality, that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality defined. [Special Marriage Act, s. 27(1A)]Bestiality, the crime of men with beasts, punishable under the (English) Offences against the Person Act, 1861, s. 61, by penal servitude for life, or for not less than ten years, but this minimum term is abolished, and power is given to inflict imprisonment for two years or less, by the (English) Penal Servitude Act, 1891.Sexual activity between a human and an animal; Black's Law Dictionary, 7th Edn.Means the crime of engaging in sexual relations with an animal, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Means the offence of buggery committed with a beast, R. v. Higson, (1984) 6 Cr App R(S) 20....
Banker's Draft
Banker's Draft. A banker's draft is defined by s. 1 of the (English) Bills of Exchange Act (1882) Amendment Act, 1932 (22 & 23 Geo. 5, c. 44), as 'a draft payable on demand drawn by or on behalf of a bank upon itself whether payable at the head office or some other office of the bank.' This Act makes ss. 76 and 82 of the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), applicable to a banker's draft as if it were a cheque....
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