“collateral” means- (i) money, in the form of cash, credited to an account in any currency, or a similar claim for repayment of money, such as a money market deposit; (ii) securities […]
Confiscation-definition by FATF
Confiscation The term confiscation, which includes forfeiture where applicable, means the permanent deprivation of funds or other assets by order of a competent authority or a court. Confiscation or forfeiture takes […]
Bearer negotiable instruments
Bearer negotiable instruments Bearer negotiable instruments (BNIs) includes monetary instruments in bearer form such as: traveller’s cheques; negotiable instruments (including cheques, promissory notes and money orders) that are either in bearer […]
Child abuse
Child abuse consists of any act or omission that may be deliberate or accidental resulting in or likely to result in significant harm to a child’s well-being and deve-lopment. There are four […]
Children in the context of migration
Children in the context of migration “Children in the context of migration” or “children affected by migration” are inclusive termsthat capture all children whose lives are affected by migration. For analytical, legal […]
Best interests of the child
In all actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies,
the best interests of the child shall be a primary consideration.
Banking phishing
The victim is redirected to a fake website similar to the impersonated service, where the user thinking he is on the official site, ends up filling out a form where he provides the same data he would have used on the actual website.
Doctrine of election
The doctrine of election is based on the rule of estoppel – the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppel in pais (or equitable estoppel) which is a rule in equity.
Executive function means
The executive Government, however, can never go against the provisions of the Constitution or of any law. This is clear from the provisions of Article 154 of the Constitution but, as we have already stated, it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws
Judicial Discretion means
The word “discretion” connotes necessarily an act of a judicial character, and, as used with reference to discretion exercised judicially, it implies the absence of a hard-and-fast rule, and it requires an actual exercise of judgment and a consideration of the facts and circumstances which are necessary to make a sound, fair and just determination, and a knowledge of the facts upon which the discretion may properly operate.
Exclusion of Audi alteram partem rule
It is well established that rules of natural justice are not rigid rules, they are flexible and their application depends upon the setting and the background of statutory provision, nature of the right which may be affected and the consequences which may entail, its application depends upon the facts and circumstances of each case.
Performance bond and performance guarantee
A bank which gives a performance guarantee must honour that guarantee according to its terms. It is not concerned in the least with the relations between the supplier and the customer: nor with question whether the supplier has performed his contractual obligation or not; nor with the question whether supplier is in default or not.
Established means
What does the word “established” in Article 30 (1) mean? In Bouvier’s Law Dictionary, Third Edition, Vol.I, it has been said that the word “establish” occurs frequently in the Constitution of the United States and it is there used in different meanings;
Lexicon of alcohol and drug terms: World Health Organization
Absolute alcohol Ethanol containing not more than 1% by mass of water. See also: alcohol. Abstinence Refraining from drug use or (particularly) from drinking alcoholic beverages, whether as a matter of principle or for other […]
Definition of crimes against humanity
For the purpose of the present draft articles, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack
Appeal Right of
It is well known that right of appeal is not a natural or inherent right. It cannot be assumed to exist unless expressly provided for by statute. Being a creature of statute, remedy of appeal must be legitimately traceable to the statutory provisions.
Irretrievable breakdown of marriage means
Ashok Hurra vs. Rupa Bipin Zaveri etc., reported in (1997) 4 SCC 226, this Court while dealing with a matrimonial matter quoted few excerpts from the Seventy-first Report of the Law Commission […]
Justice: the concept of
Unfolding the word: Indian Experience In-Town v. Eisner (1917) 245 US 418, Mr. Justice Holmes said that “a word is not a crystal, transparent and unchanged; it is the skein of a […]
Consultation meaning of
The word ‘consult’ implies a conference of two or more persons or an impact of two or more minds in respect of a topic in order to enable them to evolve a correct, or at least, a satisfactory solution.
Judicial independence meaning of
It is well-known that the concept of judicial independence in this country owes its origin to the development of this concept in England. In England for centuries that Monarch was the repository […]
