Substantive Law - Law Dictionary Search Results
Cruel and unusual treatment
of commutation, but then to improve arbitrary restriction which prevent him having a reasonable opportunity to obtain a substantive conclusion, Briggs v. Baptiste (PC), (2000) 2 AC LR 40. No cruel and unusual punishment should be inflicted … execution for the reasons which he (accused) has put forward and nothing in the constitution invalidates that existing law, Boodram v. Baptiste (PC), (1991) 1 WLR 1711 [Bill of Rights, 1689 (UK).
Quo warranto
Crown Practice. The quo warranto proceeding affords a judicial remedy by which any person, who holds an independent substantive public office or franchise or liberty, is called upon to show by what right he holds the said … quo warranto gives the Judiciary a weapon to control the Executive from making appointment to public office against law and to protect a citizen from being deprived of public office to which he has a right. These
judgment
directed verdict directed verdict of acquittal judgment on the merits : a judgment made after consideration of the substantive as distinguished from procedural issues in a case judgment on the pleadings : summary judgment in this entry … decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at performance
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Salary or wages
can be no doubt that the retaining allowance paid to the workmen during the off-season falls within the substantive part of the definition of the expression 'salary or wage'. It undoubtedly is remuneration which would, if the … the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time being in force. (vi) any retrenchment compensation or any gratuity or other retirement benefit payable
silent witness theory
photographic evidence (as photographs or videotapes) produced by a process whose reliability is established may be admitted as substantive evidence of what it depicts without the need for an eyewitness to verify the accuracy of its depiction … silent witness theory : a theory or rule in the law of evidence: photographic evidence (as photographs or videotapes) produced by a process whose reliability is established may be
Reasonable restriction
have a reasonable relation to the object of the legislation; (iv) the restrictions must be reasonable from the substantive as well as procedural standpoint etc., A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., … p. 1. In India, the Constitution lays down certain grounds on which reasonable restrictions can be imposed by law on the exercise of the right to freedom such as sovereignty and integrity of India, the security of
Bail
Even here there is an ambiguity, because even the proviso comes in only if, as indicated in the substantive part, the accused in a bailable offence 'is prepared to give bail', Moti Ram v. State of Madhya … security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135. Bail, a temporary release of a prisoner in exchange for security given for
Appeal
of testing the correctness of the decision given by the inferior forum. The right of appeal is a substantive and valuable right of any appellant who is normally a person aggrieved by the impugned decision, Bolin Chetia … of lower, Oxford Illustrated Dictionary, p. 54. The transference of a case to higher court for rehearing, Webster Law Dictionary, p. 70. The right of appeal is only by statute; it is the right of entering a
Anticipation
effective form; e.g. a bill or other order of the day is more effective than a motion, a substantive motion is more effective than a motion for the adjournment of the House. Parliamentary Practice ' Erskine May, … order while in force is not affected by the restraint, see Jud. Act, 1925, s. 1, and the Law Reform (Married Women and Tortfeasors) Act, 1935 (25 & 26 Geo. 5, c. 30). The Act of 1935
Delegated legislation
unduly on personal rights and Liberties, it should be concerned only with administrative detail and not amount to substantive legislation etc. In New Zealand the Attorney-General is required to examine all regulations before they are issued to … the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200. The Parliament lays down the principles of law and as it has not sufficient time to deal with minute details the executive may through delegated legislation
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