Take - Law Dictionary Search Results
Home Dictionary Name: takeTaking cognizable
Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR 423: AIR 1967 SC 1167 (1169). [Cri PC, 1898, s. 190(1)(b)]The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to taking further action, Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)]When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under s. 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence, Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986 (989): (1961) 2 ...
Entices takes
Entices takes, the expression used in s. 361, I.P.C. is 'whoever takes or entices any minor'. The word 'takes' does not necessarily connote taking by force and it is not confined only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other. This can take many forms, difficult to visualise and describe exhaustively; some of them may be quite subtle, depending for their success on the mental state of the person at the time when the inducement is intended to operate. This may work immediately or it may create continuous and gradual but imperceptible im-pression culminating after some time, in achieving its ultimate purpose of successful inducement, Thakorlal D. Verdgama v. State of Gujarat, AIR 1973 SC 2313 (2320); See als...
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
taking
taking 1 : a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking NOTE: A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property. 2 : the wrongful acquisition of control over property (as in larceny) or a person ...
Takes or entices any guardian of such minor
Takes or entices any guardian of such minor, the words 'takes or entices any minor out of the keeping of the lawful guardian of such minor' ins. 361, are significant. The use of the word 'Keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 197...
Taking and retaining
Taking and retaining, the word 'taking and retaining' were used by s. 180 of the Act in an independent and exclusive sense. The former referred to taking of possession illegally and the latter to taking of possession legally but subsequent retaining of it illegally, Bhinka v. Charan Singh, AIR 1959 SC 960 (965): (1959) Supp 2 SCR 798. [U.P. Tenancy Act (17 of 1939), s. 180]...
Whoever takes or entices any minor
Whoever takes or entices any minor, the word 'takes' does not necessarily connote taking by force and it is not connected only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other, Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313: (1973) 2 SCC 413: (1974) 1 SCR 178....
physical taking
physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...
Take
Take, has several meanings, such as 'seize, grasp, capture, catch, receive into the body, appropriate, secure, get, receive by payment, assume, choose, adopt, consume, obtain, derive from source or by some process, receive, enjoy, accept, etc. Seizure of an article may amount to 'taking', Food Inspector v. T.V. Hameed, 1983 FAJ 443: 1984 (1) FAC 41 (Ker): 1983 Ker LT 901.Take, is said to mean to get into one's hands or into one's possession, Power or Control by force or, Stratagem, to Seize or Capture Physically, Saidu Mohammad v. Food Inspector, 1973 Ker LJ 681: 1973 Mad LJ Cr 582: 1973 Ker LT 678.Mean 'order proceeding' to be taken, Mangulal Chunilal v. Manilal Maganlal, AIR 1968 SC 822: 1968 Cr LJ 979; State v. Manilal Jethalal, AIR 1953 Bom 365.Means to obtain possession or control, whether legally or illegally, Black's Law Dictionary, 7th Edn., p. 1466....
Take cognisance
Take cognisance, means taking notice of an offence. This would include the intention of initiating judicial proceedings against the offender in respect of that offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purposes, State of West Bengal v. Mohammed Khalid, 1995 (1) SCC 684; Badri Prasad Gupta v. Kripa Shanker, AIR 1967 All 468: 1967 Cr LJ 1255: 1967 All LJ 317....
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