Special Reason - Law Dictionary Search Results
Home Dictionary Name: special reasonAdequate and special reasons
Adequate and special reasons, in order to exercise the discretion of reducing the sentence the statutory requirement is that the court has to record 'adequate and special reasons' in the judgment and not fanciful reasons which would permit the court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no straitjacket formula can be imposed, Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551 (558). (Indian Penal Code, 1860, s. 376)--the expression 'adequate and special reasons'[ indicates that it is not enough to have special reasons, nor adequate reasons disjunctively. There should be a conjunction of both for enabling the court to invoke the discretion. Reasons which are general or common in many cases cannot be regarded as special reasons, Kamal Kishore v. State of Himachal Pradesh, AIR 2000 SC 1920 (1925). [Penal Code, 1860, s. 376(2), proviso]Means t...
Special reasons
Special reasons, the words 'special reasons' in the context in which they are used could only means special to the accused on whom sentence is being imposed. 'Special reasons' in the context of sentencing process must be special to the accused in the case or special to the facts and the circumstances of the case in which the sentence is being awarded, Meet Singh v. State of Punjab, AIR 1980 SC 1141 (1143). [Prevention of Corruption Act (2 of 1947), s. 5(2) Proviso]...
Special reason
Special reason, means yet another consequence would be that if any public servant succeeds in protracting the criminal proceedings to the stage of superannuation he can also claim the benefit of special reasons, if the High Court's reasoning is to be accepted. We find the High Court's approach not only erroneous but pernicious, and therefore, impermissible in law. Such a ground cannot by any stretch of imagination be treated as 'special reason', Jagjeevan Prasad v. State of Madhya Pradesh, (2000) 8 SCC 22: 2000 SCC (Cri) 1450....
Special and special reasons
Special and special reasons, the word 'special' has to be understood in contradistinction to word 'general' or 'ordinary'. Now what does term 'special' connote? 'Special' means distinguished by some unusual quality; out of the ordinary (See Words and Phrases, Permanent Edition, Volume 39A, p. 82) Webster defines 'special as particular; peculiar; different from others; designed for a particular purpose; occasion, or person; limited in range; confined to a definite field of action, Meet Singh v. State of Punjab, (1980) 3 SCC 291: AIR 1980 SC 1141....
Special constables
Special constables, persons appointed by justices of the peace to assist in keeping the peace 'on the oath of a credible witness that any tumult, riot, or felony has taken place or may be reasonably apprehended in any parish, township, or place,' if the justices are of opinion that the ordinary constables are insufficient for that purpose. See Special Constables Act, 1831, s. 8 of which imposes a penalty for each refusal to serve when duly called upon, while s. 2 allows a Secretary of State to order persons to be sworn in though exempt by law, and s. 196 of the (English) Municipal Corporations Act, 1882, by which borough justices 'shall appoint in October in every year so many as they may think fit of the inhabitants of the borough, not legally exempt from serving the office of constable, to act as special constables in the borough.' There are also Acts of 1835 and 1838 dealing with the subject.By the (English) Special Constables Act, 1914, as amended by the (English) Special Constable...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
special law
special law 1 : local law 2 : a law that applies to a particular place or esp. to a particular member or members of a class of persons or things in the same situation but not to the entire class and that is unconstitutional if the classification made is arbitrary or without a reasonable or legitimate justification or basis called also local law special legislation compare general law ...
Special pleas
Special pleas, pleas not in the form of what were called general issues, but which allege affirmative matter, as infancy, coverture, statute of limitations, etc., see DEFENCE.Special pleas in bar in criminal matters go to the merits of the indictment, and give a reason why the prisoner ought to be discharged from the prosecution: they are of four kinds, viz., a former acquittal, a former conviction, a former attainder, or a pardon...
special prosecutor
special prosecutor : a prosecutor appointed to prosecute particular cases that the regular prosecutor is unable or unqualified to prosecute or for other reasons does not prosecute see also independent counsel ...
Adoption
Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reason...
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