Seizure - Law Dictionary Search Results
Home Dictionary Name: seizureSeizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
Search and seizure
Search and seizure, a 'search and seizure' is only temporary interference with the right to hold the property searched and the articles seized. A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 (302): (1954) SCR 1077.The executive power of 'search and seizure' is a necessary concomitant of a welfare State. It tends to promote the well-being of the nation, Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (43). [Constitution of India, Artis. 162, 19(1)(g)(6) and 301]...
search and seizure
search and seizure The body of law that covers the issues of examining a person's property with the intention of finding evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizure). Source: FindLaw ...
seizure
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...
search and seizure warrant
search and seizure warrant : search warrant at warrant ...
Seizure
The act of seizing or the state of being seized sudden and violent grasp or gripe a taking into possession as the seizure of a thief a property a throne etc...
distress
distress [Anglo-French destrece, literally, tightness, anguish, deprivation, from Old French, ultimately from Late Latin districtus severe, from past participle of distringere to hinder, punish see distrain ] 1 : seizure and detention of the goods of another as pledge or to obtain satisfaction of a claim by the sale of the goods seized ;specif : seizure by a landlord of a tenant's property to obtain satisfaction of arrearages in rent NOTE: Distress is regulated by statute where available. It has been held unconstitutional by some courts. 2 : pain or suffering affecting the body, a bodily part, or the mind see also emotional distress ...
levy
levy pl: lev·ies 1 : an act of levying: as a : the imposition or collection of a tax b : the seizure according to a writ of execution of real or personal property in a judgment debtor's possession to satisfy a judgment debt 2 : an amount levied : tax [providing for a of 3% on income up to $10,000 "D. Q. Posin"] vb lev·ied levy·ing vt 1 : to impose or collect (as a tax or fine) with authority [allow it to stiffer penalties for some safety violations "National Law Journal"] 2 : to enforce or carry into effect (a writ of execution) compare attach, garnish vi : to enforce a writ of execution or attachment ;specif : to make a seizure of real or personal property in a judgment debtor's possession [they might as a last resort on his merchandise "J. J. White and R. S. Summers"] ...
Capture
Capture, the arrest or seizure of a person or thing, particularly applied to the seizure of ships by an enemy in time of war. On 16th April, 1856, a treaty or declaration was signed at Paris between the powers of Great Britain, Austria, France, Russia, Sardinia, and Turkey, by which privateering is abolished, so far as those powers are concerned. See LETTERS OF MARQUE, PRIZE OF WAR.Capture, is a taking by an enemy as prize in time of war with intent to deprive the owner of all property in the thing taken, Andersen v. Marten, (1908) AC 334 (HL)....
inadvertent discovery
inadvertent discovery : unexpected finding of incriminating evidence in plain view by the police compare inevitable discovery NOTE: In Coolidge v. New Hampshire, 403 U.S. 443 (1971), the U.S. Supreme Court held that evidence found by inadvertent discovery may be seized under the plain view exception to the warrant requirement for searches and seizures. In Horton v. California, 496 U.S. 128 (1990), however, the Court, while not overturning Coolidge, decided that inadvertent discovery is not a necessary condition for application of the plain view exception to seizures. ...
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