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State

Matched in: Term State

Public order

and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526. Public order, has a … II, Schedule VII) The expression 'public order' was inserted in Article 19(2) of the Constitution by the Constitution First Amendment Act, 1951, the wide concept of 'public order' is split up under different heads. It enables the

Possession

owner but the actual physical possession would surely be that of the agent, Seksaria Cotton Mills Ltd. v. State of Bombay, AIR 1953 SC 278: (1953) Cr LJ 1116. Possession, is not a purely legal concept but … 1996 SC 780: (1995) 5 SCC 238. The possession of a firearm under the Arms Act must have, firstly the element of consciousness or knowledge of that possession in the person charged with such offence and secondly

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Cognizance

jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557. Means 'jurisdiction' or the exercise or jurisdiction or power to try … of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge … The word 'cognizance' indicates the point when a Magistrate or a Judge first takes judicial notice of an offence. It is entirely a different thing

Magistrate

Magistrate, a Sub-Divisional Magistrate, a Presidency Magistrate or a Magistrate of the first class specially empowered by the State Government, by notification in the Official Gazette, to exercise jurisdiction under this Act, State of U.P. v. Kaushaliya,

Act of State

Matched in: Term Act of State

Parliament, the Imperial

French parler, to speak. 'It was first applied,' says Blackstone, 'to general assemblies of the state, under Louis VII., in France, about the middle of the twelfth century.' The earliest mention of it in the statute is … the Parliament of the United Kingdom of Great Britain and Northern Ireland, (Southern Ireland or the Irish Free State having gotten the status of a 'Dominion,' see IRELAND), consisting of the King, and the three estates of

Decree

claimed by a party to a suit. It does not by its own force secure money or property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87: (1970) 2 SCR 588. … and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable). Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights

Obscene

Mod 205 QB, was decided, In 1727 in the case against one Curl it was ruled for the first time that it was a Common Law offence, Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC … in the compromise between candor and shame at which the community may have arrived here and now, United States v. Kennerley, 209 F 119 (121) (S.D.N.Y. 1913). Obscene, the Indian Penal Code borrowed the word from the

Bigamy

is subsisting he commits the offence of bigamy. (S. 494 of Indian Penal Code 1860). Gopal Lal v. State of Rajasthan, (1979) 2 SCC 170: AIR 1979 SC 713: (1979) 2 SCR 1171. Second marriage of Hindu … re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was celebrated

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