Strike Down - Law Dictionary Search Results
Home Dictionary Name: strike downstrike down
strike down : annul nullify [the trustee…can strike down transfers "J. J. White and R. S. Summers"] ;esp : to declare (a law) illegal and unenforceable [the court struck down death penalty provisions "L. H. Tribe"] ...
Knock down
To strike down to fell to prostrate by a blow or by blows as to knock down an assailant...
equal protection
equal protection : a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...
strike
strike struck struck also: strick·en strik·ing vi 1 : to remove or delete something 2 : to stop work in order to force an employer to comply with demands vt 1 : to remove or delete from a legal document and esp. from the record of a trial [it struck that part of [the] injunction "National Law Journal"] 2 : to remove (a prospective juror) from a venire 3 : to engage in a strike against (an employer) n 1 : the removal of a potential juror from a venire compare challenge 2 : a concerted work stoppage, interruption, or slowdown by a body of workers to enforce compliance with demands made on an employer see also rent strike Labor Management Relations Act in the Important Laws section compare job action economic strike : a strike that is brought against an employer because of a dispute regarding economic benefits or conditions (as wages) NOTE: Workers engaged in an economic strike can legally be replaced permanently. No-strike clauses in collective bargaining agreements ...
slowdown
slowdown : a slowing down of business operations by employees [the term “strike” includes any strike…and any concerted "U.S. Code"] ...
Vis major force majeure usual
Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Expunction of remarks
Expunction of remarks, in Parliament, deletion of defamatory, indecent, unparliamentary or undignified words, phrases or expressions from the proceedings of the House by an order of the Speaker, Handbook of Members of Lok Sabha Secretariat, 13th Edn., 1999, p. 71.Is an act of striking out, erasion, deletion or cancellation, Webster American Dictionary, p. 410.In British Parliament, if a member uses disorderly, offensive or unparliamentary words in a debate, immediate notice is taken if such words. If a member desires that such words be noted, he has to repeat those words exactly as they were spoken. If the Speaker or Chairman is of the view that the words spoken were disorderly or after ascertaining sense of the House directs the clerk to take down such words, he asks the member to withdraw them. If the member refuses to do so or does not offer apology Speaker repeats his call and if the member does not respond to it, Speaker takes action in pursuance of S.O. 43, Practice and Procedure...
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