Substantive Right - Law Dictionary Search Results
Due process of law
the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83. It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial … that the law which deprives a person of lis life and liberty should not conflict with the fundamental rights, should not be vague etc., a mere animosity or public intolerance cannot justify the deprivation of life or
Administrative law
Administrative Law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those powers; (2) the body of agency-made law, consisting of administrative rules, regulations, reports of … orders; and (3) the legal principles governing the acts of public agents when those acts conflict with private rights, Black Law Dictionary, 7th Edn., p. 46. Administrative law deals with the field of legal control exercised by
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 … nothing in the constitution invalidates that existing law, Boodram v. Baptiste (PC), (1991) 1 WLR 1711 [Bill of Rights, 1689 (UK).
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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 … the parties upon agreement or stipulation : consent decree at 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
Mortgage
together with the (English) Land Charges Act, 1925, s. 10, has also introduced very considerable alterations in the substantive law of mortgage. By ss. 85 and 86 of the (English) L.P. Act, 1925, all mortgages of a … from the exacting grasp of an inexorable mortgagee, equity will not suffer any compact whatever to infringe the right of redeeming a mortgage in its courts. The right or equity of redemption, then, is the chief and
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 … return to work and may take up some other job or employment. In that event, he forfeits the right of payment of the retaining allowance. But when the workmen returns to work when the next crushing season
equity
: a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall … rules developed to enlarge, supplement, or override any narrow or rigid system of law 4 a : a right, claim, or interest existing or valid in equity b : the money value of a property or of
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., … 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
Office
v. Noor Mohd. Sheikh Mussa, (2004) 6 SCC 166. Means 'office' or 'employment as one subsisting, permanent -- substantive position which had an existence independent from the person who filled it, which went on and was filled … v. Abdul Wazed Mian, (1988) Supp SCC 580 (592): (1988) 2 SCR 370. By 'office' is meant the right and duty to exercise an employment or a position of authority and trust to which certain duties are
Crime
a ''criminal cause or matter''is important when there is an intention to appeal. Contempt of Court, if a substantive offence, will come within the words, Lewis v. Owen, (1894) 1 QB 102, but not if the contempt … has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but
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