Wrongful Confinement - Law Dictionary Search Results
Home Dictionary Name: wrongful confinementWrongful confinement
Wrongful confinement, wrongful confinement is a wrongful restraint in such a manner as to prevent that person from proceeding beyond a certain circumscribed limits and this offence has nothing to do with the investigation or search, Shyam Lal Sharma v. State of Madhya Pradesh, AIR 1972 SC 886: (1972) 1 SCC 764 (770): (1972) 3 SCR 422. (Indian Penal Code, s. 342)Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said 'wrongfully to confine' that person. (Indian Penal Code, s. 340)...
Wrongful detention and wrongful confinement
Wrongful detention and wrongful confinement, the cause of action in wrongful detention is based on a wrongful withholding or to the plaintiff's goods. It depends on the defendant being in possession of the plaintiff's goods. If such a defendant, without any right so to do, withholds the goods from the plaintiff after the plaintiff had demanded their return, he is, for such time as he so withholds them, guilty of wrongful detention. This is the trot of which a bailee or finder is guilty who is in possession of the goods and fails to deliver them a reasonable time after demand, though it may also, in the case of a bailee, be a breach of contract. If the bailee or finder subsequently disposes of the goods, he is guilty of conversion, but the wrongful detention then comes to an end and is swallowed up in the conversion, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274....
arrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Gaining wrongfully
Gaining wrongfully, A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. (Indian Penal Code, s. 23)...
Solitary confinement
Solitary confinement. The Criminal Law Consolida-tion Acts of 1861 each frequently provide for sentences of imprisonment 'with or without solit-ary confinement' in the discretion of the Court, and also that no offender shall be kept in solitary confinement for a longer period than one month to a time, nor there months in the space of a year 'but the Prison Act, 1865, has since, by s. 17, enjoined the prevention of criminal prisoners from holding any communication with each other, and these provisions of the Criminal Law Consolidation Acts have been consequently repealed by Statute Law Revision Acts.Separate confinement that gives a prisoner extremely limited access to other people, esp. the complete isolation of a prisoner, Black's Law Dictionary, 7th Edn., p. 1399....
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
Wrongful gain
Wrongful gain, Wrongful gain includes wrongful retention and wrongful loss includes being kept out of the property as well as being wrongfully deprived of property. Therefore when a particular thing has gone into the hands of a servant he will be guilty of misappropriating the thing in all circumstances which show a malicious intent to derive the master of it, Krishna Kumar v. Union of India, AIR 1959 SC 1390 (1392). (Indian Penal Code, s. 24)Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. (Indian Penal Code, s. 23)...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial