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Advocatetanmoy Glossary

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A cause of action accrues when the last element constituting the cause of action occurs.
Logic > Deductive; from earlier i.e. original or antecedent; argument from antecedent to the consequent; not empirical Like this:Like Loading...
An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, [or the Consolidated Fund of the State] to individuals residing in India through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto.
Lat. From the beginning; from the first act; from the inception. An agreement is said to be “void ab initio” if it has at no time had any legal validity. A party may be said to be a trespasser, an
To desert, surrender, forsake, or cede. To relinquish or give up with intent of never again resuming one’s right or interest. To give up or to cease to use. To give up absolutely; to forsake entirely; to renounce utterly; to
The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim and possession, with the intention of not reclaiming it. “Abandonment” differs from surrender in that surrender requires an agreement, and also from
A shortened form of written word or phrase used for brevity in place of the whole [s. 98, Indian Evidence Act] Like this:Like Loading...
Renunciation of the privileges and prerogatives of an office. The act of a sovereign in renouncing and relinquishing his government or throne, so that either the throne is left entirely vacant, or is filled by a successor appointed or elected
The area of the body that contains the pancreas, stomach, intestines, liver, gallbladder, and other organs. Abdominal ultrasound Like this:Like Loading...
To put an end to; to curtail [Or. 22, r. I, C. P. C.] [s. 36, Indian Easements Act] Abatement: I. the action of abating; being abated [Or. 22, R. I, C.P.C] > abatement of suit and bar of suit.
Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
Even an indirect act of incitement to the commission of suicide would constitute the offence. Each case has to be judged on its own merits. An FIR under Section 306 IPC cannot even be quashed on the basis of any
Capacity to perform an act or service; e. g. to support spouse and family. Financial ability is usually construed as referring to pecuniary ability. Like this:Like Loading...
Not normal. Describes a state, condition, or behavior that is unusual or different from what is considered normal. Like this:Like Loading...
The spontaneous or artificially induced expulsion of an embryo or fetus. As used in legal context, usually refers to induced abortion. Like this:Like Loading...
Superficial injury to skin or mucous membrane from scrapping or rubbing art. Like this:Like Loading...
An enclosed collection of pus in tissues, organs, or confined spaces in the body. An abscess is a sign of infection and is usually swollen and inflamed. Like this:Like Loading...
In an absolute manner or degree; without condition or limitation [ss. 7, 67 and 135, T.P. Act] [s. 8(2),Army Act] Like this:Like Loading...
Abuse: I. misuse; improper use; perversion [s.482, CrPC].to misuse; to take bad-advantage of [art. 39(e), Constitution Of India]. abuse of the process (of court) : improper use of a regular legal process by which an unfair-advantage is obtained by a
Our attention has furthermore been drawn to a decision of this Court in Sushil Kumar Sharma v. Union of India & Ors. [(2005) 6 SCC 281], wherein this Court held as under : “16. As observed in Maulavi Hussein Haji
Academy: society of learned individuals united for advancement of art, science or literature; a school above the elementary level. Like this:Like Loading...
accept : to take or receive with consenting mind [s. 2(b), Indian Contract Act] Like this:Like Loading...
Acqessorium non ducit, sed sequitur suum principale : the accessory right does not lead, but follows its principal Like this:Like Loading...
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit : an accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay Like this:Like Loading...
A chemical that gives off hydrogen ions in water and forms salts by combining with certain metals. Acids have a sour taste and turn certain dyes red. Some acids made by the body, such as gastric acid, can help organs
A declaration by a person who has signed a document that such signature is a Voluntary act, made before a duly authorized person. Like this:Like Loading...
A type of immunity that develops when a person’s immune system responds to a foreign substance or microorganism, or that occurs after a person receives antibodies from another source. The two types of acquired immunity are adaptive and passive. Adaptive
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Act in pais : a judicial or other act performed out of court and not a matter of record Like this:Like Loading...
To run a programme. In biology, to stimulate a cell in a resting state to become active. Active reaction in Chemistry. Active monitoring of investigation by Court Active surveillance on the foreign diplomats inside a country Like this:Like Loading...
A good advocate should be a good actor. The most cautious cross-examiner will often elicit a damaging answer. Now is the time for the greatest self-control. The very intonations of voice and the expression of face of the cross-examiner can
Actori incumbit onus probandi : the burden of proof lies on the plaintiff or the prosecution [Dahyabhai Chhaganbhai Thakkar V. State of Gujarat, A.l.R. 1964 S.C. 1563 (1566)]. Affirmanti non neganti incumbit probatio : the burden of proof lies upon
Parliament is responsible for making the laws in the UK/USA/India. When Parliament makes laws it doesn’t have to follow the Human Rights Act. This means it can make laws which go against or are incompatible with the Human Rights Act. Laws
actus curiae neminem gravabit : an act of the court shall prejudice no one [State of Gujarat V. Jagan Bhai, A.l.R. 1966 S.C. 1631] Like this:Like Loading...
actus dei nemini facit injuriam: the act of God is prejudicial to no one; the law holds no man responsible for the act of God; the act of God or Vis major is some inevitable natural calamity which generally execuses
Pain that comes on quickly, can be severe, but lasts a relatively short time. Like this:Like Loading...
ad valorem : according to the value Like this:Like Loading...
To move a court hearing to another time or day Rule 1 of Order XVII of CPC- Grant of time and adjournments Adjournment sine die Difference between prorogation of the Legislature and an adjournment of a meeting of the Legislature
A break in court proceedings. This could be for lunch, overnight or to a new date. Like this:Like Loading...
The concept of fairness in administrative action has been the subject matter of considerable judicial debate but there is total unanimity on the basic element of the concept to the effect that the same is dependant upon the facts and
1. A person appointed to manage the estate of a person who has died without leaving a will, or the financial affairs of a person who lacks legal capacity. Fem: administratrix. 2. A person appointed to manage an organisation or
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Whether illegally collected evidence by police is admissible?  Tape Record Evidence Like this:Like Loading...
Judicial Admission- An admission, oral or written, made by the party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator. Alternative dispute resolution (ADR) refers to a variety
A substance added to a product but not listed as an ingredient, or a substance that ends up in a product by accident when the product is made. Adulterants may be in foods, drugs, and other products. An adulterant may
Ram Chandra vs. State of Haryana reported in AIR 1981 SC 1036, has observed that: “The adversary system of trial being what it is, there is an unfortunate tedency for a Judge presiding over a trial to assume the role
ADVERSE POSSESSION: To destroy continuity of adverse claimant’s possession, there must be an intent to relinquish claim of ownership as well as an act of relinquishment of possession and mere temporary absence is not sufficient. To constitute “abandonment” by conduct,
A written or printed statement made under oath. Order VI Rule 15 (4) provides for affidavit in support of pleadings In Sudha Devi V. M.P. Narayanan & Ors., AIR 1988 SC 1381, the Supreme Court held that affidavits are not
In chemistry and biology, the strength of the attaction between two substances, such as two chemicals, or an antigen and an antibody. Like this:Like Loading...
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
A condition in which a person is unable to relax and be still. The person may be very tense and irritable, and become easily annoyed by small things. He or she may be eager to have an argument, and be
“Agreement” (協議) includes any agreement, arrangement, understanding, promise or undertaking, whether express or implied, written or oral, and whether or not enforceable or intended to be enforceable by legal proceedings [Competition Ordinance-Hongkong]. Agreement enforceable by law is Contract in India.
The ability of a computer to perform functions that are usually thought of as intelligent human behavior, such as learning, reasoning, problem solving, and decision making. AI uses computer programs that analyze very large amounts of information to learn how
A chemical substance found in drinks such as beer, wine, and liquor. It is also found in some medicines, mouthwashes, household products, and essential oils (scented liquid taken from certain plants). It is made by a chemical process called fermentation
A chronic disease in which a person craves drinks that contain alcohol and is unable to control his or her drinking. A person with this disease also needs to drink greater amounts to get the same effect and has withdrawal
Somewhere else but not in the spot Like this:Like Loading...
Section 25 of HMA is an enabling provision. It empowers the Court in a matrimonial case to consider facts and circumstances of the spouse applying and decide whether or not to grant permanent alimony or maintenance.Section 25 does not use
Allegans contraria non est audiendus : he who alleges contradictory things is not to be heard. A man shall not be permitted to “blow hot and cold” with reference to the same transaction or insist at different times, on the
Allergen is a substance that causes an allergic response. Examples include pollen, molds, and certain foods. A hypersensitive immune reaction to a substance that normally is harmless or would not cause an immune response in most people. An allergic response
As well as being paid, MPs can claim a number of allowances. i) Members Staffing Allowance: This allows MPs to employ between two and three members of staff who are then paid centrally by the House of Commons. ii) IT
A structure on which a sacrifice was offered. The earliest altars were merely heaps of earth or turf or rough unhewn stone; but as the mode of sacrificing became more ceremonious grander altars were built. Some were of marble and
Commissioner of Income Tax and others v. Chhabil Dass Agarwal [ (2014) 1 Supreme Court Cases 603], wherein Court held as follows: “15. Thus, while it can be said that this Court has recognized some exceptions to the rule of
A brain disorder that usually starts in late middle age or old age and gets worse over time. Symptoms include loss of memory, confusion, difficulty thinking, and changes in language, behavior, and personality. Like this:Like Loading...
If amendment become necessary in view of subsequent events or to avoid of multiplicity of litigation, court will have power to permit such an amendment – even in criminal cases governed by Cr.P.C. court is not powerless and may along
Latin for “friend of the court.” It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Like this:Like Loading...
In chemistry, a substance that is similar, but not identical, to another. Like this:Like Loading...
A loss of feeling or awareness caused by drugs or other substances. Anesthesia keeps patients from feeling pain during surgery or other procedures. Local anesthesia is a loss of feeling in one small area of the body. Regional anesthesia is
A condition in which a person has excessive worry and feelings of fear, dread, and uneasiness. Other symptoms may include sweating, restlessness, irritability, fatigue, poor concentration, trouble sleeping, trouble breathing, a fast heartbeat, and dizziness. The symptoms can get worse
The words “any one” has been commonly used to mean “every one” i.e. not one, but all. It found that the word “any”, in affirmative sentences, asserts, concerning a being or thing of the sort named, without limitation. It held
A’PION (Ἀπίων), a Greek grammarian. His name is sometimes incorrectly spelt Appion, and some writers, like Suidas, call him a son of Pleistoneices, while others more correctly state that Pleistoneices was only a surname, and that he was the son
Apollo (Apol′lo). This famous god, some time King of Arcadia, was the son of Jupiter and Latona. He was known by several names, but principally by the following:—Sol (the sun); Cynthius, from the mountain called Cynthus in the Isle of
Right of appeal is not automatic. Right of appeal is conferred by statute. When statute confers a limited right of appeal restricted only to cases which involve substantial questions of law, it is not open to this Court to sit in appeal over the factual findings arrived at by the First Appellate Court.
Chandrappa vs. State of Karnataka reported in 2007 4 SCC 415 that the following principles are to be borne in mind in dealing with an appeal against the acquittal. “(i) An appellate Court has full power to review, reappreciate and
Appeal against conviction and sentence u/s 302 IPC. Court – prosecution witnesses’ statements unchanged, testimony unshaken in cross-examination, medical evidence indicates cause of death as extensive burns, suffocation. Chain of events, motive, last seen proved by prosecution. Prosecution discharged burden
The individual, organisation or corporation who/which applies to the Court to start legal proceedings against another person or persons. Also known as ‘plaintiff’ in admiralty and corporations matters and in some other courts.   Like this:Like Loading...
Appointment dehors statutory rules is void ab initio. [State of Odisha v. Sulekh Chandra Pradhan, (2022) 7 SCC 482]   Like this:Like Loading...
Though the definition of appropriate government is different under each enactment, central government is the appropriate government under almost all enactments for Railways, Cantonment Boards, Major Ports, Mines and Oilfields, Banking and Insurance Companies, Air-Transport Services, controlled industries like Cement,
A procedure for resolving disputes which involves less formality than a court hearing. The parties to the dispute agree to an unbiased third party (an arbitrator) hearing the dispute, and also to comply with the decision of the arbitrator. A
argumentum a simili valet in lege : an argument from a like case is good in law. The binding effect of decision does not depend upon whether a particular argument was considered therein or not, provided that the point with
The Canadian Criminal Code requires that an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view.
“assets” includes property or rights of any kind; Like this:Like Loading...
The method by which a right or contract is transferred from one person to another. Like this:Like Loading...
Lack or absence of balanced proportions between parts of a thing. Like this:Like Loading...
The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers’ departments. Responsibilities (Ministerial role) include: Overall responsibility for the work of the Attorney General’s
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. Like this:Like Loading...
An old deity formerly much worshiped under various names. As Baal he was popular with the Phoenicians; as Belus or Bel he had the honor to be served by the priest Berosus, who wrote the famous account of the Deluge;
(a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge.
“Bank” means a legal entity engaged in the business of accepting deposits and using such funds either in whole or in part to make extensions of credit or investments for the account of the bank; A bank may be founded
Banking company means a banking company or a co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that Act; “Non-banking financial company” shall
The British Peerage has five ranks or grades. Baron is the fifth and lowest of the ranks. Baron is a title that was created and first given to John Beauchamp de Holt in 1387. The title was given to him
The Judgment of this Court in His Holiness Keshvananda Bharati Sripadagalvaru and others v. State of Kerala and another, AIR 1973 SC 1461, which introduced the concept of Basic Structure in our constitutional jurisprudence is the spontaneous response of an
Judge have been called the Men of Robes. As men of Robes, at times we forget that we belong to the same fraternity as the other men in robes, namely the lawyers. The bar and the Bench are the two
In trust law, a beneficiary is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary can be a natural or legal person or arrangement. All trusts (other than charitable or statutory permitted non-charitable
The personal property given by the terms of a will. Like this:Like Loading...
Bible means in Koine Greek τὰ βιβλία, tà biblía, “the books.” Tanakh is name of Hebrew Bible covers Old testament portion of Christian bible. Wycliffe Bible, translated by John Wycliffe, 1380s. Tyndale Bible, translated by William Tyndale, 1526Coverdale Bible, translated
Bicameral literally means ‘two-Chamber’. A bicameral parliament is one that contains two separate assemblies who must both agree when new laws are made. The UK Parliament is bicameral because both the House of Commons and the House of Lords are
A draft Act of Parliament or a proposal for a new law that has been introduced in Parliament. Like this:Like Loading...
The Bill of Rights was a declaration of Rights presented by the House of Commons to William and Mary before they replaced James II on the throne. Parliament wanted to reduce the rights of the Monarch and increase its own
As senior members of the Church of England, which is the established church, some bishops are entitled to sit in the House of Lords. The Archbishop of Canterbury, the Archbishop of York, the Bishops of London, Durham and Winchester and
And the LORD spake unto Moses, saying … he that blasphemeth the name of the LORD, he shall surely be put to death, and all the congregation shall certainly stone him. Leviticus 24:13-16 Because by this deed thou hast given
In law, designating an act done without fraudulent intent. Thus, a “bona-fide purchaser” is a person who has purchased something for the price asked and without notice of an adverse claim; a “bona-fide possessor” is one who possesses something without
1. A deed in which a person undertakes to do or refrain from doing certain things, for example a good behaviour bond. 2. Money paid to a landlord by a tenant at the start of a tenancy as security in
book — (a)when used in relation to the recording of accounting or financial information, includes any method or system of recording such information that has been approved by the Treasurer; and (b)when used in relation to the recording of information
Brahman is the ultimate and absolute Reality, in Satapath Brahman it is said:  ब्रह्म वा इदमग्र आसीत्। तदात्मानमेवावेदहं ब्रह्मास्मीति तस्मात्तत्सर्वमभवत्तद्यो यो देवानां प्रत्यबुध्यत स सऽएव तदभवत्तथर्षीणां तथा मनुष्याणाम्. The Shrutis proclaim – “ekam sad vipra bahudhâ vadanti” “eko’pi san baudhâ
The brain consists of two distinct anatomical elements, — brain cells and nerve fibres. The number of brain cells in the cerebrum alone may be estimated at many thousands. Each cell, by means of its nerve fibres and the processes
Ordinarily, the remedy available for a party complaining of breach of contract lies for seeking damages. He will be entitled to the relief of specific performance, if the contract is capable of being specifically enforced in law. The remedies for
(a) A systematically arranged and concisely expressed, but formal, memorandum of the points of law or of fact that are to be brought out in argument or developed in the examination of witnesses at the trial; (b) a writ summoning
In Great Britain the Constitution is the whole body of public law, customary as well as statutory, which is continually being modified by custom, judgement in the courts as well as by the elected representatives of the country. The British
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made
A licensed agent who, for a fee, acts for property owners in real estate transactions, within the scope of state law. Like this:Like Loading...
The government’s annual Appropriation Bill and Estimates of State Expenditure to give effect to its fiscal, economic and social policies. It is presented once a year in the Like this:Like Loading...
A term used to denote the obligation which rests upon one of the parties to a legal action to produce sufficient evidence to establish the fact that he has alleged in his complaint under penalty of having judgment entered against
The Cabinet is the team of 20 or so most senior ministers in the UK Government who are chosen by the Prime Minister to lead on specific policy areas such as Health, Transport, Foreign Affairs or Defence. The first and
The Calcutta High Court is the oldest High Court in India. It was established on 1st July, 1862 under the High Court’s Act, 1861. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman
Cameroon sits on the Atlantic coast where Western and Central Africa meet. It was named by Portuguese explorers for the Rio dos Camarões (‘River of Prawns’). Cameroon’s geography includes the Mandara Mountains in the north-west, coastal plains, a densely forested
Cancer occurs when cell division gets out of control. Usually, the timing of cell division is under strict constraint, involving a network of signals that work together to say when a cell can divide, how often it should happen and
Can. 349 The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law. The Cardinals are also available to the Roman Pontiff,
The term applied to any suit, or action in court. Like this:Like Loading...
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
A cause of action is the act or omission by which a party violates a right of another. A party may not institute more than one suit for a single cause of action. If two or more suits are instituted
In Kishan Tripathi @Kishan Painter vs State 2016 SCC online Delhi 1136 Delhi High Court discussed the law relating to admissibility of CCTV. Footage and observed that the CCTV footage is captured by the Camera and can be stored in
King Akbar(1543-1605) was the first ruler who tried to collect revenue from opium, which was cultivated extensively in Malwa and Mewar regions of Madhya Pradesh and Rajasthan. In 1776 the British East India Company made collecting revenue from opium a
When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal,
Chaos (Cha′os) allegorically represented the confused mass of matter supposed to have existed before the creation of the world, and out of which the world was formed. “… Behold the throne Of Chaos, and his dark pavilion spread Wide on
A term usually applied to denote an order from the court commanding a person to present a reason for some action, as why he should not be punished for contempt of court, etc. Like this:Like Loading...
The evidences of the Christian religion are comprised under historical testimony prophecies, miracles, the internal evidence of its doctrines and precepts, and the rapidity of its first propagation among the Jews and Gentiles. Though thinking Christians have in every age differed widely respecting some of the doctrines of this religion, yet they are fully agreed in the divinity of its origin, and the benevolence of its tendency.
The Church of England, or Anglican Church, is the established Church in England. The Church of England was founded by King Henry VIII and took over the role that the Roman Catholic Church had played. The new Church of England,
The law with regard to conviction on the basis of circumstantial evidence has very well been crystalized in the judgment of this Court in the case of Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116, wherein this
Where the offence concerned is fraud, the civil causes of action may include misrepresentation, unlawful means conspiracy, other economic torts, negligence, breaches of fiduciary duty, and constructive trust liability for dishonest assistance or knowing receipt. These will inevitably raise some
A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A civil action may either be ordinary or special. Both are governed by
Civil law is mostly about disputes between individuals or corporate bodies. Cases must be proved on the balance of probabilities (more than a 50 per cent probability that the defendant is liable) rather than the ‘beyond reasonable doubt’ standard applied
Law which is not public (criminal, administrative, constitutional, international) or church law, that is, private law. It may mean law based on the Roman system. Throughout this book, civil law means non-criminal law. What is civil law Jurisprudence as the
The distinction between a “civil” and “criminal” proceeding was explained by a Constitution Bench of the Hon’ble Supreme Court in S.A.L Narayan Row and Another v. Ishwarlal Bhagwandas, AIR 1965 SC 1818, wherein it was observed thus: “The expression “civil
The Civil War was fought in England between the supporters of King Charles I, called Royalists or Cavaliers, and those who supported Parliament, called Roundheads. It lasted for 7 years and a a number of major battles were fought. In
(a) A term used to denote a collocation of words which might be removed from the instrument without affecting its intelligibility; (b) used to specify a distinct proviso, as a clause in a contract. The term “assumption clause” denotes a
An alliance or union between two or more parties for the purpose of governing the country, usually when one party does not obtain an outright majority of the votes in an election. Like this:Like Loading...
(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried,
An instrument containing anything which a testator might wish to add, revoke or explain in relation to his will. Although supplementary to the will itself it is actually a part of it. A document signed by a testator that alters
Means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; ”non-cognizable offence” means
In Chief Enforcement Officer v. Videocon International Ltd.11 (SCC p. 499, para 19) the expression “cognizance” was explained by this Court as “it merely means ”become aware of’ and when used with reference to a court or a Judge, it
A Collateral transaction means, a transaction other than the transaction affecting the immovable property but which is in some way connected with it. Read more The expression “collateral purpose” is no doubt a very vague one and the Court must
A term used in law to denote a private, or secret, understanding by which two or more parties agree to act as though at variance with one another in order that they may prejudice those who are not a party
Sonapur Tea Co. Ltd. v. Must. Mazirunnessa [(1962) 1 SCR 724)] had characterized the colourable exercise of powers as: “9…The doctrine of colorable legislation really postulates that legislation attempts to do indirectly what it cannot do directly. In other words,
Commencement, when used with reference to an enactment, means the time at which the enactment comes into force Like this:Like Loading...
The term by which the laws relating to commerce are known. These include all laws regarding shipping, bills of exchange, insurance, brokerage and general commercial affairs Like this:Like Loading...
English law that is derived from custom and judicial precedent rather than statutes. The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical
HM Queen Elizabeth II is Head of the Commonwealth. The Head of The Commonwealth’s role includes a number of symbolic functions. In 1948, the British Commonwealth was a group of eight countries, each accepted George VI as their king. Queen
A community may be said to be the body of a number of individuals more or less bound together through such common interests as create a constant and manifold intercourse between the single individuals. This definition of community covers not
The word, ‘compelled’ ordinarily means ‘by force’. This may take place positively and negatively. When one forces one to act in a manner desired by him it is compelling him to do that thing. Same may take place when one
In General Manager Kerala State Road Transport Corporation, Trivandrum Versus Susamma Thomas(Mrs) and others, (1994) 2 SCC 176. This court considering the concept of compensation under Motor Vehicle Act, 1939, laid down following in paragraph 5:- “5….The determination of the
(a) Legal right and authority to act; (b) also used in regard to evidence to denote its legal fitness to be heard. Like this:Like Loading...
The Criminal Proceeding cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr. P.C. only because there is a settlement, in this case a monetary settlement, between the accused and the complainant and other
The term “comptroller” dates back to the 1800s. It comes from the misspelling and misuse of the word “controller,” derived from the Latin word, “contrarotulator,” which means “keeper of a duplicate roll.” People mistakenly linked the title with the French
(a) The decision or finding in a case; (b) the end of a pleading; (c) an estoppel or bar by which one is held to the position which he has taken. A “conclusion of fact” is a decision on the
A term applied to testimony that possesses such weight as to preclude any contradiction of the fact in question. Like this:Like Loading...
“Conclusive proof”— When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the
Used to denote an act of remission by which a husband or wife pardons a matrimonial offense which one knows that the other has committed by permitting the guilty party to return to all conjugal privileges. It is by such
“Conduct” (行為) means any conduct, whether by act or omission; Judicial conduct Standards of Professional Conduct and Etiquette to be Observed by Advocates(India) Model Principles Judaical Conduct-Council of ASEAN Chief Justices-2018 The Code of Conduct for Members of the House
The making of a confession, according to laymen, ends the matter, but really, the judge’s work begins with it. As a matter of caution all statutes approve confessions as evidence only when they agree completely with the other evidence. Confession
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 place through a judicial or administrative procedure that transfers the
Used legally to indicate the opposition existing between the laws of various jurisdictions when an effort is made to apply them in reference to each other. First Geneva Convention 1949: international law for the protection of the victims of armed
A term used in civil law to denote the extinction of an obligation owing to the fact that the two persons necessary to its continuance have become one person, as when one has become the heir of the other, etc.
The act of having a secret understanding with another; usually employed in relation to a wrongful act. Like this:Like Loading...
The word “conscious” means awareness about a particular fact. It is a state of mind which is deliberate or intended. [Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan-SLP (Crl) No.1771 of 2021] What amounts to “conscious
A term used in law to denote the remuneration that a contracting party accepts in exchange for something else or in return for a service rendered. A “concurrent consideration” is a consideration received at the time of the making of
The Consolidated Fund is the Government’s general bank account at the Bank of England. Payments from this account must be authorised in advance by the House of Commons. The Government presents its ‘requests’ to use this money in the form
A geographical area assigned to a member of Parliament by his/her party. A Member of Parliament (MP) is elected by a particular area or constituency in Britain to represent them in the House of Commons. MPs divide their time between
“Any theory of statutory interpretation is at base a theory about constitutional law,”  is apt so long as “law” stretches to include constitutional values and does not entail that all deviations from a favored constitutional theory are actually illegal under
The highest court in the country, dealing only with matters relating to the Constitution. All laws can be tested in the Constitutional Court to ensure that they are not in conflict with the Constitution. List of the Constitutional Courts Acting
Constitutional law is historically the branch of law that appeared last. It is however considered today as the foundation of the other categories of law or as the summit of the legal pyramid, according to the metaphor used to affirm
(a) Used to denote an intelligent reading with such explanations as may be necessary to define the meaning of the text; (b) when uncertainty exists as to the actual intent of an instrument; any altered reading of the text designed
A process of getting input and feedback from legal professionals, experts, interested parties and members of the public on a proposed piece of work.
A term usually applied to define the disobedience to, or open disrespect for, a court or legislative assemblage that has come to be known as “contempt of court,” an offense that may be committed either in or outside of the
An agreement enforceable by law between two or more people that creates an obligation to do or not to do a particular thing. [Indian Contract Act-1872] Distinction between administrative and contractual law Proof in E-contracts – Emad Abdullah Privity of
A convention is an unwritten understanding about how something in Parliament should be done which, although not legally enforceable, is almost universally observed. Occasionally a new convention is agreed in order to resolve a specific procedural issue that has arisen.
When a corporation is created by an Act or regulation, (a) the corporation may sue and be sued and enter into contracts in its corporate name, have a seal and change it, and acquire, hold and dispose of personal property;
In the 6th century AD, the East Roman Emperor Justinianus had several codes created. These were based on much older sources of law, in large part on laws and legal literature from the classical period. It originated from: The institutions
Corpus Juris Secundum is therefore a complete restatement of the entire “body of American Law. The clear-cut and exhaustive propositions compris- ing the text are supported by all the authorities from the earliest times to date. The supporting case citations,
In the Sessions trial the court has limited jurisdiction with regard to correction of the recorded evidence of any witness. Section 273 provides: “Procedure in regard to such evidence when completed (1) As the evidence of such witness taken under
An accused person cannot be convicted in Scotland unless there is evidence from at least two separate sources. This is called corroboration. It must be proved by corroborated evidence that both: a crime known to the law of Scotland was
The faith of the common man in the country is shaken to the core by such shocking and outrageous orders such as the kind which have been passed by the Single Judge. We are sorry to say but a lot
“costs” includes fees, charges, disbursements, expenses and remuneration; Like this:Like Loading...
“Counsel” includes any person with the right to be heard as an advocate at a full hearing before the Court; Like this:Like Loading...
A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff’s claims. Like this:Like Loading...
A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practices deception, or knowing it to be likely that deception will thereby be practised. [IPC] Like this:Like Loading...
A court is both the concrete place where justice is rendered and the authority that took the judicial decision. In this sense, the courts are jurisdictions, that is to say authorities responsible for stating the law on the occasion of
A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Like this:Like Loading...
Each member of the court staff must be meticulously dressed. The Court despite many odds must look trim. I know, the Courts do not have adequate furniture. Yet the functioning of the Court can be trim, if the people functioning
In civil law, any agreement under seal. Like this:Like Loading...
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. A code of procedure must be regarded as such. It is procedure, something designed to facilitate justice and further its ends; not a penal enactment
One who is qualified to testify and who cannot be impeached as unworthy of credit. Like this:Like Loading...
120A IPC. Definition of criminal conspiracy – When two or more persons agree to do, or cause to be done – (1) an illegal act, or (2) An act which is not illegal by illegal means, such an agreement is
Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official
Criminal law is about protecting the community and establishing and maintaining social order. Anyone who breaks the law can be prosecuted and if found guilty they can be fined, given a community penalty or sent to prison. The criminal law
Supreme Court in Ram Kishan Fauji v. State of Haryana, (2017) 5 SCC 533. opined as under: “31. The aforesaid authority makes a clear distinction between a civil proceeding and a criminal proceeding. As far as criminal proceeding is concerned,
Revisional jurisdiction(S 397 / S 401 of Code of Criminal Procedure, 1973) of the High Court as contemplated under Section 401 of Cr.P.C. operates within narrow limits and can be exercised only in exceptional cases where interests of public justice
A claim made in a proceeding by one party against a co-party, such as the first respondent (or defendant) against the second respondent (or defendant). However, if the claim in the proceeding is by one party against an opposing party,
The law requires the parties to produce, before the Court, the best available evidence, the fact remains that even in a criminal trial, prosecution as well as defence has the right to choose their witness or witnesses and also as
Cupid (Kamadeva), the god of love, was the son of Jupiter and Venus. He is represented as a naked, winged boy, with a bow and arrows, and a torch. When he grew up to be a man he married Psyche.
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct). In a suit for defamation no Court Fees
Latin, meaning “in fact” or “actually.” Something that exists in fact but not as a matter of law. Meaning of de facto relationship De-facto complainant can file revision once the application for Police Remand has been rejected-Madras HC Like this:Like
Latin, meaning “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge’s ruling. Power to order fresh, de-novo or reinvestigation being vested with the Constitutional Courts Like this:Like Loading...
A debate is a formal discussion on a topic in the House of Commons or House of Lords. Members take it in turns to speak on the subject concerned. The debate is strictly controlled by a set of rules and
Writ petition challenging the auction-sale denied [Deenadayal Nagari Sahakari Bank Ltd. v. Munjaji, (2022) 7 SCC Section 7 of the Insolvency and Bankruptcy Code, 2016-the application under Section 7 of the IBC was filed within a period of three years
Deceit is a notion drawn from the moral world, and in its popular sense distinctly imports wickedness. The doctrine of the common law with regard to it is generally stated in terms which are only consistent with actual guilt, and
The definition of the word ‘decree’ in the Code of Civil Procedure, in so far as it purports to be a definition at all, lays down the following essential and distinguishing elements viz., that the decision must have been expressed
A.decree is said to be made nisi when it is to take effect after a specified period or after the person affected by it fails to show cause against it within a certain time Like this:Like Loading...
To surrender voluntarily (private property) that it may be applied to public uses. Like this:Like Loading...
A document, under seal, made for the purpose of conveying real estate. Deed Tax Law-Republic of China-2020 Deeds of Apartment and its Registration in Tamil Nadu Mortgage by deposit of title deeds Settlement Deed: what is it Deed of Assignment
“The word ”deemed’ is used a great deal in modern legislation. Sometimes it is used to impose for the purposes of a statute an artificial construction of a word or phrase that would not otherwise prevail. Sometimes it is used
U/S-167(2)(a)(I)Cr.P.C, 90 days be computed when investigation to that particular offence began, 90 days is counted when investigation of fresh offence starts not from date of FIR, right to seek statutory bail accrues as indefeasible right only if remedy availed
A judgment rendered because of the defendant’s failure to answer or appear. Like this:Like Loading...
An individual (or business) against whom a lawsuit is filed. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Like this:Like Loading...
An individual (or business) against whom a lawsuit is filed. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Plaintiff and Defendant means under Indian Limitation
Definition is the statement on the corresponding fact, article, substance or psychological element. in Sanskrit it is called as sanga and in Vaisesika  Philosophy is Padartha ( Meaning of Pada –  sub ting antam Padam  as per Panini). A description
A condition that occurs when the body loses too much water and other fluids that it needs to work normally. Dehydration is usually caused by severe diarrhea and vomiting, but it may also be caused by not drinking enough water
Inordinate and endless delay in the conclusion of a criminal trial is the singular most important challenge faced by our criminal justice system and has a devastating effect on the credibility, transparency, public confidence and health of our justice system.
A mental state in which a person is confused and has reduced awareness of their surroundings. The person may also be anxious, agitated, or have less energy than usual and be tired or depressed. Delirium can also cause hallucinations and
A condition in which a person loses the ability to think, remember, learn, make decisions, and solve problems. Symptoms may also include personality changes and emotional problems. There are many causes of dementia, including Alzheimer disease, brain cancer, and brain
Negation. In psychiatry, a state in which a person is unable or unwilling to see the truth or reality about an issue or situation. Like this:Like Loading...
In religion, describes a group whose members are organized under a common name and set of rules and have common beliefs and practices. Sampradaya in Sanskrit. Like this:Like Loading...
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Evidentiary Value of depositions of attorney holders in
A mental condition marked by ongoing feelings of sadness, despair, loss of energy, and difficulty dealing with normal daily life. Other symptoms of depression include feelings of worthlessness and hopelessness, loss of pleasure in activities, changes in eating or sleeping
An object that has a specific use. In medicine, wheelchairs, pumps, and artificial limbs are examples of devices. Like this:Like Loading...
The process of identifying a disease, condition, or injury from its signs and symptoms. A health history, physical exam, and tests, such as blood tests, imaging tests, and biopsies, may be used to help make a diagnosis. Like this:Like Loading...
Dictionary (> Diction) collects words alphabetically and provides a small introduction of a specific word. शब्दकोश. অভিধান. அகராதி. Λεξικό-Lexikó. Advocatetanmoy Judicial Dictionary Advocatetanmoy Sanskrit Dictionary Dictionary of Legislative Drafting Sanskrit Dictionary of Bhagavadgita[Gita] Check More Like this:Like Loading...
The process of breaking down food into substances the body can use for energy, tissue growth, and repair. Like this:Like Loading...
The organs that take in food and liquids and break them down into substances that the body can use for energy, growth, and tissue repair. Waste products the body cannot use leave the body through bowel movements. The digestive system
Vijayan v. State of Kerala & Another [2010 (2) SCC 398], which has been further reiterated Court in the recent judgment in M.E. Shivalingamurthy v. Central Bureau of Investigation, Bengaluru [2020 (2) SCC 768] and discerned the following principles: “17.1.
Procedures used to obtain disclosure of evidence before trial. Discovery in CPC The meaning of “discovery of fact” Like this:Like Loading...
Evidence Act S.3 -Discrepancies in oral evidence: Discrepancies which do not go to the root of the matter and shake the basic version of the witnesses cannot be annexed with undue importance. More so when the all important “probabilities-factor” echoes
Every description of events in space involves the use of a rigid body to which such events have to be referred. The resulting relationship takes for granted that the laws of Euclidean geometry hold for “distances;” the “distance” being represented
Emotional, social, spiritual, or physical pain or suffering that may cause a person to feel sad, afraid, depressed, anxious, or lonely. People in distress may also feel that they are not able to manage or cope with changes caused by
The cadre of District Judges is filed up by direct recruitment, as well as, by promotion from the cadre of Senior Civil Judges and Chief Judicial Magistrates. Direct recruitment is made from amongst the members of the Bar with 7
Having people with different physical, social, and personal traits or characteristics in a group or organization. These characteristics may include race, ethnicity, age, gender, sexual identity, religion, physical and mental ability, language, income, and education. Diversity may also include different
A sum of money, determined by a company’s directors, paid to shareholders of a corporation out of earnings Like this:Like Loading...
The molecules inside cells that carry genetic information and pass it from one generation to the next. DNA profile is generated from the body fluids, stains, and other biological specimen recovered from evidence and the results are compared with the
Document includes any publication and any matter written, expressed, or described upon any substance by means of letters, figures, or marks, or by more than one of those means, which is intended to be used or may be used for
Where an enactment provides that a document is evidence of a fact without anything in the context to indicate that the document is conclusive evidence, then, in any judicial proceedings, the document is admissible in evidence and the fact is
A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to
Anyone can experience domestic abuse and anyone can be an abuser, regardless of age, gender, gender identity, sexual orientation, background, race or religion. Domestic abuse can be violent or non-violent.  It can include: controlling or coercive behaviour economic and financial
Indra Sarma v. V.K. V. Sarma: (2013) 15 SCC 755 at paragraphs 16 and 53 which reads as follows: “16. “Domestic violence” is undoubtedly a human rights issue, which was not properly taken care of in this country even though
Any substance (other than food) that is used to prevent, diagnose, treat, or relieve symptoms of a disease or abnormal condition. Drugs can also affect how the brain and the rest of the body work and cause changes in mood,
The use of illegal drugs or the use of prescription or over-the-counter drugs for purposes other than those for which they are meant to be used, or in excessive amounts. Drug abuse may lead to social, physical, emotional, and job-related
Treatment with any substance, other than food, that is used to prevent, diagnose, treat, or relieve symptoms of a disease or abnormal condition. Like this:Like Loading...
There are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens. Bhang is legal, while ganja and charas remain illegalin India. NDPS ACT -Section 21. Punishment for contravention in relation to manufactured drugs and preparations. 22. Punishment
In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property. Due process of law Due process of
The British Peerage has five ranks within it. Duke is the first and highest of the ranks or grades. The title of Duke was first given to the Black Prince by his father Edward III in 1337. Like this:Like Loading...
The British Peerage has five ranks within it. Earl is the third of the ranks or grades. The title dates from Saxon times and was the highest rank until the title of Duke was created. Like this:Like Loading...
The right, privilege, or interest that one party has in the land of another. Quasi-easement A right-of-way as it existed when there was unity of ownership in a parcel of land. Like this:Like Loading...
European Convention on Human Rights(1950). The substantive rights and freedoms contained in the Convention are: Article 2: the right to life Article 3: the prohibition of torture and inhuman or degrading treatment Article 4: the prohibition of slavery and forced
The party to the election petition must plead the material fact and substantiate its averment by adducing sufficient evidence. The court cannot travel beyond the pleadings and the issue cannot be framed unless there are pleadings to raise the controversy
All citizens of the country who are legally entitled to vote. Like this:Like Loading...
ELECTRA (Ἠλέκτρα), i. e. the bright or brilliant one. 1. A daughter of Oceanus and Tethys, and the wife of Thaumas, by whom she became the mother of Iris and the Harpies, Aëllo and Ocypete. (Hom. Hymn. in Cer. 419;
Evidence Act, 1872 (Ss. 65-A and 65-B)-Certificate is mandatory for production of electronic evidence,  onlyoral evidence not sufficient in Ravinder Singh v. State of Punjab, (2022) 7 SCC 581 Whether contents of a memory card being electronic record U/S 2(1)(t)
The Employees’ Provident Fund (EPF) India- is a mandatory savings scheme under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. It is managed under the aegis of Employees’ Provident Fund Organization (EPFO). It covers every establishment in which 20
The Employees’ State Insurance Act, 1948 is applicable to non-seasonal, manufacturing establishments (other than a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a railway running shed) employing 10 or more workers. For health
Enactment means a written law or any portion of a written law Like this:Like Loading...
The word “enquiry” has been used in section 67 to differentiate it from “inquiry” as used in section 53A, which is during the course of investigation of offences2. As a matter of fact, the notifications issued under the Act
Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy (see damages). A separate court of “equity” could order someone
aequitas est correctio legis generaliter latae, qua parte deficit : equity is a correction of the general law in the part where it is defective. aequitas est quasi equalitas : equity is as if it were equality aequitas factum habet
The reversion of property to the state in the event that the owner dies with leaving a will and has no legal heirs. Like this:Like Loading...
Estate, in relation to land, includes any legal or equitable estate or interest, easement, right, title, claim, demand, charge, lien, or encumbrance in, over, to, or in respect of the land. Like this:Like Loading...
Ethics include the whole duty of man in relation both to himself and others.  It does not pull down the principles of men to their practice, or narrow the conception of the state to the immediate necessities of politics. Some
EUCLEIDES (Εὐκλείδης) of Alexandrria. Euclid has almost given his own name to the science of geometry, in every country in which his writings are studied; and yet all we know of his private history amounts to very little. He lived,
EURO′PA (Εὐρώπη), according to the Iliad (xiv. 321), a daughter of Phoenix, but according to the common tradition a daughter of Agenor, was carried off by Zeus, who had metamorphosed himself into a bull, from Phoenicia to Crete. (Apollod. iii.
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other. Facts allowed by trial Judge is Evidence and Evidencial-facts either
State of Maharashtra vs Dr. Praphul B. Desai AIR 2003 SC 2053  Supreme Court observed that the legal requirement for the presence of the witness does not mean actual physical presence. And also observed that there is no reason why
The term ex parte means proceeding without prior notification and participation of the affected party. CPC Order IX Rule 7, Order IX Rule 13 and Order XX Rule 1. Pleading or Petitioning for vacation of the ex party order shall be accompanied
Departmental Enquiry-three vital witnesses were not examined- proceeding dismissed-Payment of entire arrears of salary with consequential benefits in Union of India v. Suresh Kumar Singh, (2022) 7 SCC 675. Like this:Like Loading...
The settled legal proposition that the Executing Court cannot go behind the decree. Thus, in absence of any challenge to the decree, no objection can be raised in execution. (Vide: Bhawarlal Bhandari v. Universal Heavy Mechanical Lifting Enterprises AIR 1999 SC 246; Dhurandhar Prasad Singh v. Jai Prakash University & Ors., AIR 2001 SC 2552; Rajasthan Financial Corpn. v. Man Industrial Corpn. Ltd., AIR 2003 SC 4273; Balvant N. Viswamitra & Ors. v. Yadav Sadashiv Mule (Dead) Thru. Lrs. & Ors., AIR 2004 SC 4377; and Kanwar Singh Saini v. High Court of Delhi, (2012) 4 SCC 307).
An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect [The Devil’s Dictionary] What is
A person appointed to carry out the terms of the will. Wills Act 1837 -UK When the right of an executor or a legatee under a Will can be established Obtaining of probate is not a condition precedent for filing
A document or item produced in court for the purpose of becoming part of the evidence in a proceeding. Like this:Like Loading...
“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of of a country by land, sea or air; “import”, with its grammatical variations and cognate expressions, means to bring or cause to
Fact means and includes— (1) Any thing, state of things, or relation of things, capable of being perceived by the senses; (2) Any mental condition of which any person is conscious. Relevant Fact — One fact is said to be
Fair trial is the main object of criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any manner. Fair trial entails the interests of the accused, the victim
What we mean by this faith is well expressed in the definition of it in the homily on salvation. ‘The right and true Christian faith,’ it is here affirmed, ‘is, not only to believe that holy scripture, and all the
Capable of being done with means at hand. Like this:Like Loading...
To place a paper in the official custody of the clerk of court to enter into the files or records of a case. How to file complaint against a Judge in India How to file a patent application in India
The idea that fingerprints could be used as a means of personal identification was first put forward by Sir William Herschel, District Magistrate of Hooghly District, of Bengal province in 1858. Later, Dr. Henry Faulds, An English doctor in Tokyo,
An information is an accusa­tion in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of
Duty of first appellate court u/s 96 of CPC  [Ramnath Exports (P) Ltd. v. Vinita Mehta, (2022) 7 SCC 678] Like this:Like Loading...
“Food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged
“Food safety” means assurance that food is acceptable for human consumption according to its intended use; “Risk”, in relation to any article of food, means the probability of an adverse effect on the health of consumers of such food and
Fraud and justice never dwell together (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent). Fraud may be defined as an act of deliberate deception with the design of securing
Three or more judges sitting together to hear a proceeding. Like this:Like Loading...
Function includes powers, duties, responsibilities, authorities, and jurisdictions Like this:Like Loading...
One who has fulfilled his office or is out of office; an authority who has performed the act authorised so that the authority is exhausted Like this:Like Loading...
An analysis of stocks based on fundamental factors, such as company earnings, growth potential, etc., to determine a company’s worth, strength, and potential for growth   Like this:Like Loading...
Gabon joined the Commonwealth in June 2022 after the country’s application was approved by Heads of Government at the 2022 Commonwealth Heads of Government Meeting held in Kigali, Rwanda.[CHOGM] Like this:Like Loading...
Gabriel in Jewish mythology is the prince of fire and thunder, and the angel of death to the favored people of God. Like this:Like Loading...
The Gambia is the smallest country in West Africa. It has a short coast on the Atlantic Ocean but is otherwise completely surrounded by Senegal. The Gambia is a mainly flat and low-lying strip of land bisected by the River
The Indian Mercury. The god of wisdom and prudence.   Like this:Like Loading...
The person who takes possession of the money or property of another with the avowed intent to keep it to answer the claim of the creditor, or until the defendant is otherwise discharged. Like this:Like Loading...
The total value of goods and services produced by a nation. In the U.S. it is calculated by the Commerce Department, and it is the main measure of U.S. economic output (In other countries, the GDP is called the gross
Gender equality is a fundamental human right. Each individual should be treated equally, and enjoy all economic, social, cultural, civil, and political rights without gender differentiation. There has always been a gender gap in political, economic, and social cultures. In
A General Election is when the electors of the country cast their votes to elect Members of Parliament. The Parliament Act 1911 established the maximum life of a Parliament, that is the time between General Elections, as 5 years. The
A voluntary transfer of property made without consideration, that is, for which no value is received in return. Like this:Like Loading...
The word “kanya” primarily means a maiden daughter, a virgin “kumari.” That is the interpretation of the word given by the celebrated lexicographers Amar Singh and Hem Chandra. In the Medini also, the first synonym of “kanya” is “kumari” (maiden
The Glorious Revolution is a term used to describe the peaceful way in which Parliament asserted its rights over the monarchy in 1688. On February 6th 1685 Charles II died and was succeeded by the Catholic James II. Despite widespread
God, is represented in Scripture as having pre-ordained the redemption of mankind, through Christ, before the foundation of the world. This redemption was to be in the nature of a covenant between God and man; and the salvation of every
Good is a word describes a mental acceptance of an idea or substance Like this:Like Loading...
The principle of popular government is that the supreme power, the determining efficacy in matters political, resides in the people—not necessarily or commonly in the whole people, in the numerical majority, but in a CHOSEN people, a picked and selected
The gratuity cannot be termed to be an emolument for the time being payable to the employees so as to come within the definition of salary defined in Section 2 (r) of the Act. Further, Rule 14 uses the word
Green papers are consultation documents produced by the Government. Often when a Government Department is considering introducing a new law, it will put together a discussion document called a Green Paper. The aim of this document is to allow people
Guilt—N. guilt, guiltiness; culpability; criminality, criminousness; deviation from rectitude &c. (improbity) ; sinfulness (vice) . misconduct, misbehavior, misdoing, misdeed; malpractice, fault, sin, error, transgression; dereliction, delinquency; indiscretion, lapse, slip, trip, faux pas[Fr], peccadillo; flaw, blot, omission; failing, failure; break, bad
As to the origin of the sense of guilt, the analyst has different views from other psychologists; but even he does not find it easy to give an account of it. To begin with, if we ask how a person
Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s continued confinement. Federal judges receive petitions for a
Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person
The HCCH is composed of 91 Members – 90 States and the European Union – representing all regions of the globe. In addition, an increasing number of non-Members have either signed or become Contracting Parties to HCCH Conventions. As a
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial. 
Henry VIII became king in 1509 and married his brother’s widow, Catherine of Aragon in the same year. By 1525 Henry wanted to divorce his wife to marry Anne Boleyn because, although she had given birth to a daughter, Mary,
Hercules was the son of Jupiter and Alcmena. The goddess Juno hated him from his birth, and sent two serpents to kill him, but though only eight months old he strangled them. As he got older he was set by
Hermeneutics can loosely be defined as the theory or philosophy of the interpretation of menaing. It is a central topic in the philosophy of the social sciences, the philosophy of art and language and in literary criticism. This book, first
High Courts Andhra Pradesh  Allahabad  Bombay  Calcutta  Chhattisgarh  Delhi  Gujarat  Gauhati Himachal Pradesh  Jammu & Kashmir  Jharkhand  Karnataka  Kerala  Madras  Madhya Pradesh  Meghalaya  Manipur  Orissa  Patna Punjab & Haryana  Rajasthan  Sikkim Uttarakhand Like this:Like Loading...
The word "Hindutva" in the context and in the circumstances in which it was used in that case amounted to an appeal for votes on the ground of Hindu religion for a Hindu candidate.
Court in S. Samuthiram 2013 (1) SCC 598. In that case this Court was concerned with a situation where disciplinary proceedings were initiated against a police officer. Criminal case was pending against him under Section 509 IPC and under Section
Evidence of Hostile witness: Law is well settled that mere fact that witness is declared hostile by the party calling him and was allowed to be cross-examine, does not make him an unreliable witness so as to exclude his evidence
The Human Rights Act protects everyone in India/UK. It doesn’t matter if – for example, you’re a British/Indian citizen, a foreigner or an asylum seeker. Public authorities must follow the Human Rights Act. They must respect and protect your human rights, unless
“identifying” includes establishment of a proof that the property was derived from, or used in, the Commission of an offence; Like this:Like Loading...
Ignorance of the law is no excuse for breaking it. This substantive principle is sometimes put in the form of a rule of evidence, that every one is presumed to know the  law. It has accordingly been defended by Austin
An immunity is one’s freedom from the legal power or control of another as regards some legal relation.” Hohfeld. “An immunity is the legal relation where one has no legal power to affect at least one of the legal relations
Impeachment is a trial held before Parliament of someone who is charged with a crime against the State. It is usually a charge against a public official. In the past English custom was for the impeachment to be made in
In fraudem legis. — A term used to imply that a thing is “contrary to the law.” In Full Life. — A term used to indicate that a person is neither physically nor civilly dead. In loco parentis. — Literally,
When inconsistency between Cr.P.C. and NDPS Act is there, s.51 of NDPS Act shall operate, Cr.P.C. take a back seat. Power is there with NCB u/s 52A of NDPS Act. Order of release of vehicle quashed. Vehicle directed to be
  Indian Evidence Act Like this:Like Loading...
Family Laws–Intellectual Property–Pollution Control Laws–Banking Laws–Arbitration and Conciliation Act–Companies Act 2013–Consumer Protection Act–Constitution of India–Juvenile Justice (Care and Protection of Children) Act–POCSO Act 2012–IPC–CrPC–CPC–Evidence Act–Domestic Violence Act–IT Act- 2000–Insurance Act 1938–Income Tax Act 1961–Indian Contract Act–Limitation Act–Specific Relief Act–Transfer of
Punishment of offences committed within India – Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. Punishment of offences
“individual” means a natural person and does not include a corporation; Like this:Like Loading...
In Monica Kumar (Dr.) v. State of U.P. [2008 (8) SCC 781], this Court held that inherent jurisdiction under Section 482 of the Cr.P.C has to be exercised sparingly, carefully and with caution and only when such exercise is justified
The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. Injuries on the accused Prosecution fails to explain injuries of accused, this lacuna entitles to bail Whether the statement made by a
Upon motion of any party showing good cause therefor, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party,
Intent means two things; foresight that certain consequences will follow from an act, and the wish for those consequences working as a motive which induces the act. What is foresight of consequences? It is a picture of a future state
The phrase ‘interest of justice’ has been interpreted in prior judgments of this Court where it has been held that the discretion of the Court in imposing conditions on bail must be exercised judiciously and to advance a fair trial
Evi Act S.3: Interested Witness: A witness may be called “Interested” only when he or she derives some benefit from the result of litigation in the decree in a civil case, or in seeing an accused person punished. A witness
Interim- In the meantime. Arbitration and Conciliation Act, 1996  S. 17 > [Evergreen Land Mark (P) Ltd. v. John Tinson & Co. (P) Ltd., (2022) 7 SCC 757] Ss. 11 and 8 >[Intercontinental Hotels Group (India) (P) Ltd. v. Waterline Hotels
Interlocutory application’ means an application filed in a pending main case praying for relief, interim or otherwise, from the Court; ‘Miscellaneous Application’ means interlocutory application/ criminal miscellaneous petition/office report for directions in a dismissed/disposed of matter; [Supreme Court Practice Procedure]
The word ‘interlocutory order‘ has not been defined either in Family Courts Act, 1984 or in the Code of Criminal Procedure, 1973 but as per Black’s Law Dictionary (1990) P. 814, the word “interim” means “for the time being”, “in
International Law (Droit des gens, Völkerrecht) is the name for the body of customary and conventional rules which are considered legally binding by civilised States in their intercourse with each other. Such part of these rules as is binding upon
Lord Wensleydale’s Golden Rules of Interpretation for any statute. According to him “Interpretation is the method by which the true sense or meaning of the world is understood. ‘The meaning of an ordinary word of the English language is not
In the case of Holme v. Guy (1877) 5 Ch. D 901, Sir George Jessel M.R. laid down the principle that: “The Court is not to be oblivious of the history of law and litigation. Although the Court is not
A form of discovery consisting of written questions to be answered in writing and under oath. CPC Order XI Rule 21 deals with discovery and inspection – It deals with the discovery of interrogatories and, further empowers the court to
Upon ex parte motion, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a
A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other
An Arabic word for submit. Accept Koran or the sword. Like this:Like Loading...
“The State of Israel is the only country in the world founded by a book. The Book of Books. The Tanach. That book and the principles of liberal democracy require us to stretch out our hand in peace. Our history requires us
1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order. The object of framing issues is to ascertain/shorten the area of dispute and pinpoint the points required to be
Negotiable Instruments Act, 1881(S. 138 r/w S. 142)-Company authorised person having knowledge is competent to pray issue process under complaint in TRL Krosaki Refractories Ltd. v. SMS Asia (P) Ltd., (2022) 7 SCC 612. Like this:Like Loading...
Ownership of realty by 2 or more persons, each of whom has an undivided interest with the right of survivorship. Like this:Like Loading...
An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices. The word “Judge” denotes not only every person who is
A judgment is an official and authentic decision of a court upon the respective right and claims of the parties
Justice constitutes both a philosophical and moral ideal, the exercise of an activity (judging) and a set of institutions (judicial institutions).Justice designates above all a value, a moral ideal and a philosophical concept. The idea of ​​justice refers to balance in
In Shri Kumar Prasad v. Union of India and Others [(1992) 2 SCC 428], this Court held: “22. It is in the above context that we have to interpret the meaning of expression “judicial office” under Article 217(2)(a) of the
Separation Judicial-a spouse can ask for judicial separation if the other spouse has deserted her or him for a continuous period of not less than two years. If a spouse abandons the other spouse in a state of temporary passion,
The Judicial Service(Indian States) in the State consists of : (i) District & Sessions Judges (Supertime scale); (ii) District & Sessions Judges; (iii) Senior Civil Judges and Chief Judicial Magistrates, (iv) Civil Judges and Judicial Magistrates of First Class. The
The Judicial Yuan was established on November 16,1928, marking the start of the nation’s modernized judicial system in Taiwan. The Judicial Yuan is the country’s highest judicial organ. It is responsible for judicial interpretation, adjudications, and disciplinary cases. The Constitutional
The arm of government that is responsible, through the courts, for the administration of justice. Like this:Like Loading...
Jupiter, son of Saturn and Cybele, was born on Mount Ida, in Crete, and nourished by the goat Amalthaea. When quite young Jupiter rescued his father from the Titans; and afterward, with the help of Hercules, defeated the giants, the
The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Conferment of
The jurisdictional function is the essential attribute of judicial authority. It consists in the act by which the judge discovers, on the occasion of a dispute, which rule of law (abstract and impersonal) finds to apply in the concrete circumstances
The study of law and the structure of the legal system What is Jurisprudence The Study of Jurisprudence Criminal Jurisprudence Development of Islamic Jurisprudence The Feminist Jurisprudence Jurisprudence by James Mill -1825 Referral cases on human rights jurisprudence Like this:Like
The right to a jury trial has a long history. It was part of the civil liberties granted by King John of England on June 15, 1215, and was recorded in the document known as Magna Carta. Trial by one’s
The two words are repeated everyday in the courts- ‘justice’ and ‘law’. Justice is an illusion as the meaning and definition of ‘justice’ varies from person to person and party to party. Parties feel that they have got justice only
In Pawan, (2009) 15 SCC 259 that where the materials placed before this Court by the accused, prima facie, suggested that he was a “juvenile” as defined in the 2000 Act on the date of incident, it was necessary to
A large stone presented by the archangel Gabriel to the patriarch Abraham, and preserved at Mecca. Like this:Like Loading...
A Hindu goddess, after whom Calicut is named. Like this:Like Loading...
Knowledge is the awareness and understanding of facts, truths or information gained in the form of experience or learning. Knowledge is an appreciation of the possession of interconnected details which, in isolation, are of lesser value. What is Procedural knowledge
Of course, your knowledge of Law must be up to date. Your knowledge would be tested everyday in every case. Legal issues are first framed and posed in the trial court. Thus, it is you who would have to tackle
Fit, permitted by law> Kosher (permitted under Jews customary law)  food is any food or beverage that Jewish dietary laws allow a person to eat. Like this:Like Loading...
The Labour Party was founded in 1900 and first held office in 1924. It developed out of the Trade Union movement and in the twentieth century replaced the Liberal Party as one of the two largest parties in the House
Laksmi –  Hindu goddess of wealth and pleasure. Like this:Like Loading...
land includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land [Interpretation Act 1984] Like this:Like Loading...
Ramreddy Rajeshkhanna Reddy & Anr vs State Of Andhra Pradesh  AIR 2006 SC 1656 and in the case of Hatti Singh vs State Of Haryana, (Criminal Appeal No.922 of 2006, decided on 17.04.2007) has held that the last seen theory
Law is a scheme of social control, backed and sanctioned by the power of the state, for the protection of social interests, by means of legal capacities and legal redress. [Hugh Evander Willis] Blackstone said that, “Law is that rule
Since the Appellate Jurisdiction Act 1876, the judicial work of the House has been done only by professional Lords of Appeal in Ordinary—or ‘Law Lords’. There are 12 Law Lords. They are equivalent to supreme court judges in other countries
The business of the law of torts is to fix the dividing lines between those cases in which a man is liable for harm which he has done, and those in which he is not. But it cannot enable him
The conduct of a case in court is a peculiar art for which many men, however learned in the law, are not fitted; and where a lawyer has but one or even a dozen experiences in court in each year, he can never become a competent trial lawyer.
The legal expenses relate to a cause of action in civil law and have nothing to do with a criminal offence. It might be said that this natural meaning of the words in their context follows axiomatically from the fundamental
A legal right is nothing but a permission to exercise certain natural powers, and upon certain conditions to obtain protection, restitution, or compensation by the aid of the public force. Just so far as the aid of the public force
‘Legal risk’ means any risk of a court, whether domestic or international, deciding that something is unlawful, or the risk of a penalty resulting from non-compliance with legal requirements[UKAG] UK Attorney General’s Guidance to the government lawyers on Legal Risk
Parliamentary Draftsmen, also known as Parliamentary Counsel, are experienced barristers and solicitors who assist Government Departments in preparing Bills. Drafting legislation is a very skilled job and the Government employs specialist lawyers as civil servants to provide a central service
A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be
A freehold interest (in real property) that expires upon the death of the owner or some other specified person. Like this:Like Loading...
Limited Liability Partnership (LLP) and Companies are incorporated under the Ministry of Corporate Affairs as per the provisions of LLP Act, 2008 and Companies Act, 2013. 43,050 LLPs registered during FY 2020-21 as compared to 42,187 in the previous year
A creditor’s claim for a fixed amount of money. Like this:Like Loading...
The ability or ease with which assets can be converted into cash; also the degree to which one can obtain the full cash value of an investment Like this:Like Loading...
“Suit pending.” Recorded notice of the filing of a suit, the outcome of which may affect title to a certain land. Like this:Like Loading...
Individuals, organisations or companies who/which are the parties to a proceeding before the Court. eCourt Project Litigants’ Charter Case meaning What are the measures available to curb frivolous or vexatious litigation in India? Like this:Like Loading...
Live-in relationship, as such, as already indicated, is a relationship which has not been socially accepted in India, unlike many other countries. In Lata Singh v. State of U.P. (2006) 5 SCC 475, it was observed that a live-in relationship
Lobbying is the practice of making representations to Members of Parliament and government, by individuals and organisations, in order to change policy and actions. Like this:Like Loading...
“local authority” means a Municipality established under the Municipal Corporations Act; “statutory authority” means a local authority and any commission, board, committee, council or body (whether corporate or unincorporated), established by or under a public general statute other than the
Logic is the science of evidence—not of finding evidence but of rendering evidence evidential. Like this:Like Loading...
Legal Services Authorities Act, 1987(Ss. 22-C and 22-D)- meritorious decision must Canara Bank v. G.S. Jayarama, (2022) 7 SCC 776. Like this:Like Loading...
IN Magma General Insurance Company Limited versus Nanu Ram alias Chuhru Ram and others, (2018) 18 SCC 130, the concept of consortium was explained in paragraphs 21,22 and 23 which are as follows: – “21. A Constitution Bench of this
The morning star. Like this:Like Loading...
Putting the dead body of a high dignitary in public view for sometimes. Like this:Like Loading...
Magna Carta was a charter granted by King John in 1215. It guaranteed rights against the abuse of Royal power. It came about as a result of the King’s demands for excessive feudal dues and attacks on the Church’s privileges.
The first speech in the House by a new member. Customarily a maiden speech is not controversial by nature and other members then refrain from interrupting by making interjections. Like this:Like Loading...
It must be borne in mind that Section 125 Cr. P.C. is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. It is unreasonable to insist on
The term “majority” is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons – a majority means winning more than 50% of the votes in a
“Malice aforethought means any one or more of the following states of mind….. “(a.) An intention to cause the death of, or grievous bodily harm to, any person, whether such person is the person actually killed or not; “(b.) Knowledge
A term denoting that an act is evil in itself, in counterdistinction to the offenses that, while not naturally evil, have become so because of the fact that they have been specifically prohibited. Like this:Like Loading...
The money god. Like this:Like Loading...
When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of
A manifesto is a public declaration of the ideas and policies of a political party. It is usually published during the campaign before a General Election. Each party draws up its manifesto after a lot of consultation with members of
Marginal notes and headings in a written law and references to other written laws in the margin of or at the end of a written law form no part of the written law but shall be deemed to have been
Marriages in India take place either following the personal Law of the Religion to which a party is belonged or following the provisions of the Special Marriage Act. Marriage, as per the Common Law, constitutes a contract between a man
The Master of the Rolls is the title of an English Judge ranking immediately below the Lord Chief Justice. He presides over the Court of Appeal in the House of Lords and is responsible for the records or rolls of
A ‘material fact’ would depend upon the facts and circumstances of each case. It has also been held that ‘material fact’ would mean material for the purpose of determination of the lis. It has also been held that a person
Matter in Deed. — A matter that may be proved by deed. Matter of Fact. — A matter that may be referred to a jury, as its truth is a question that may be determined by the senses, or decided
“May” imports a discretion, “shall” is imperative. (1)Where in a written law the word may is used in conferring a power, such word shall be interpreted to imply that the power so conferred may be exercised or not, at discretion.
When a definition clause is defined to “mean” such and such, the definition is prima facie restrictive and exhaustive. Section 2(f) has not used the expression “include” so as to make the definition exhaustive. It is in that context we
Relevance of Report of Ethics Committee of Medical Council of India [Harnek Singh v. Gurmit Singh, (2022) 7 SCC 685] Like this:Like Loading...
actus non facil reum, nisi mens sit rea: the act itself does not constitute guilt unless done with a guilty intent. An act is not a crime unless it is committed with a particular criminal intention (mens rea). What constitutes
The married life should be assessed as a whole and a few isolated instances over certain period will not amount to cruelty. The ill-conduct must be precedent for a fairly lengthy period where the relationship has deteriorated to an extent
Mental disorder-The ideas of unsoundness of ‘mind’ and ‘mental-disorder’ occur in the section as grounds for dissolution of a marriage, require the assessment of the degree of the ‘mental-disorder’. Its degree must be such as that the spouse seeking relief cannot reasonably
Mercury , the son of Jupiter and Maia, was the messenger of the gods, and the conductor of the souls of the dead to Hades. He was the supposed inventor of weights and measures, and presided over orators and merchants.
A member of the Executive who is politically in charge of one or more government departments or ministries. Church Minister Like this:Like Loading...
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into
In T.M.A.Pai Foundation V. State of Karnataka. Supreme Court considered inter alia the questions of Regulations to be framed relating to private unaided professional institutions. While answering several questions in the context of who would constitute ‘minority’ under Article 30
Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Like this:Like Loading...
In Duchess of Kingstone, Smith’s Leading Cases, 13th Edn., p. 644, explaining the nature of fraud, de Grey, C.J. stated that though a judgment would be res judicata and not impeachable from within, it might be impeachable from without. In
A Money Bill is a Bill that deals with national taxation, public money or loans and their management. A Bill is only considered to be a money Bill if the Speaker of the House of Commons agrees that it is.
A bill imposing a tax or levy or proposing the spending of money for a particular purpose. The Appropriation Bill is a money bill. Like this:Like Loading...
The moon was, by the ancients, called Hecate before and after setting; Astarte when in crescent form; Diana when in full. “Soon as the evening shades prevail The moon takes up her wondrous tale, And nightly to the list’ning earth
The phrase, “moral law,” is a technical expression of theology, and refers to the Ten Commandments, which are so called, because they define the regulations necessary for the government of the morals and manners of men. Like this:Like Loading...
A written instrument that creates a lien upon real estate as security for the payment of specified debt. Like this:Like Loading...
A motion is an application for relief other than by a pleading. All motions shall be in writing except those made in open court or in the course of a hearing or trial. A motion made in open court or
“There is no motive established against the appellant for committing murder. It is undoubtedly true that the question of motive may assume significance in a prosecution case based on circumstantial evidence. But the question is whether in a case of
The words “moveable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [IPC] Like this:Like Loading...
To become an MP you have to win an election. Britain is divided into areas called constituencies, and one MP is elected to represent each of these areas. The size and number of constituencies are reviewed at intervals of between
Murder is defined by Sir James Stephen, in his Digest of Criminal Law, as unlawful homicide with malice aforethought. In his earlier work, he explained that malice meant wickedness, and that the law had determined what states of mind were
Nagaland, situated in the extreme North East of India is the beautiful land of the Nagas – an amalgamation of several tribes of Mongoloid descent whose people are simple, honest and truthful. The Nagas had a rudimentary system of delivering
Selvi and Ors. Vs. State of Karnataka (2010) 7 SCC 263 > In light of these conclusions, we hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in
Section 6 of the Hindu Adoption and Maintenance Act, 1956 provides as under: “The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided
Natural justice means ‘justice to be done naturally’ which is adopted naturally by the habits of every individual. It does not mean godly-justice or justice of nature. Like this:Like Loading...
The doctrine of natural law was itself accorded recognition and respect in our courts, in theory at least, until no very distant date. Marshall quotes, for example, a most interesting judgment in 1470 in which Yelverton C.J. declared: “We shall
A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim
No contest. Has the same effect as a plea of guilty as far as the criminal sentence is concerned, but the plea may not be considered an admission of guilt for any other purpose. Sometimes, a guilty plea could later
Evidence  Act S.3 and 114: Non-examination of the I.O. per se is not fatal: Investigating officer was not examined. A case of prejudice likely to be suffered by an accused must depend on the facts of the case and no
Supreme Court in Municipal Committee v. Jai Narayan & Co.(2022 SCC OnLine SC 376) held that a noting recorded in the file is merely a noting simpliciter and nothing more. It merely represents expression of an opinion by the particular
What is meant by use of the expression “Notwithstanding anything contained in the Act” as contradiction to the phrase “Subject to the provisions of this Act” reliance has been placed on the judgement of the Supreme Court in Chandavarkar Sita Ratna
The expression “now”, “next”, “heretofore” or “hereafter” shall be construed as referring to the time when the written law containing the expression came into force. Like this:Like Loading...
Section 273 I.P.C. which deals with punishment for sale, offers or exposes for sale food or any article which has been rendered or has become noxious. The word ‘noxious’ is not defined in I.P.C. As per the dictionary meaning, noxious
“oath” and “affidavit”, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and “swear” in the like case includes affirm and declare; Like this:Like Loading...
A protest by an Advocate, challenging a statement or question made at trial. Common objections include an attorney “leading the witness” or a witness making a statement that is hearsay. Once an objection is made, the judge must decide whether
“Offence” denotes a thing made punishable by IPC. The word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards,
A civil or criminal proceeding taken under any written law by or (in the case of a civil proceeding) against any person in virtue of his office (whether in that person’s own name or in the name of his office)
“Omitted” is used to indicate that statutory text has been deleted for a reason other than that it was repealed. When “omitted” is used in a section catchline, it indicates that the section has been deleted because it was amended
Open Air Camp facility gives an opportunity to the convicts to be rehabilitated into the society because they can keep their families with them in the campus and they can even move out of the camp during the day time
Merely recording “having perused the record” and “on the facts and circumstances of the case” does not subserve the purpose of a reasoned judicial order. It is a fundamental premise of open justice, to which our judicial system is committed,
A judge’s written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because
The word “opium” is derived from Greek word “Opion”. In Arabia it was known as Afyun, in Chinese it is “Yapien”, in Persian it is known as “Afium”, in Sanskrit the ancient Indo-aryan language it is known as “Aahi Phen”
The Opposition, formally known as HM Official Opposition, refers to the largest political party in the House of Commons that is not in government. The leader of this party takes the title Leader of the Opposition. The role of the
Oxygen is vital to life as it provides fuel for all the body’s functions. The heart’s role is to pump oxygen-rich blood to every cell in the body. The blood vessels — a network of interconnecting arteries, arterioles, capillaries, venules,
Motor paralysis (when due to a lesion affecting the cerebro-spinal axis) can result, therefore, from any condition which interferes with the motor convolutions of the brain, or the nerve fibres which start from them and are continued as the so-called
Parliament in UK, as a political institution, has developed over hundreds of years. During that period the two distinct Houses – Commons and Lords – emerged and the balance of power between Parliament and the monarchy changed dramatically. The origins
The Parliament Act of 1911 was an Act introduced by the Liberal Party which reformed Parliament, and the House of Lords in particular, in a number of ways. It deprived the House of Lords of any powers over Money Bills.
Thomas Erskine May’s guide to parliamentary practice is properly entitled ‘A treatise on the law, privileges, proceedings and usage of Parliament’ but it is commonly referred to as Erskine May (or simply ‘May’). It is generally held to be the
Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that
People involved in a court case. Applicants, appellants, respondents, defendants, are generally called ‘parties’. Ex party Like this:Like Loading...
`Partition’ is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees. The effect of such
In Britain the party system has evolved from the historical division of Whigs and Tories in the Stuart period. The Tories were the representatives of the Monarchy and Anglicanism and the Whigs were the aristocratic party of foreign expansion. Under
“Payment system” means a system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them [ Prevention of Money laundering Act, 2002] Money Laundering Like this:Like Loading...
Hereditary peers inherit their title. The House of Lords Act 1999 removed the entitlement of most of the hereditary peers to sit and vote in the House of Lords and of the 92 hereditary peers who retain their seat in
Penalty means a fine, imprisonment, or other form of punishment, including the suspension or cancellation of a licence, registration or permit and disqualification from obtaining a licence, registration or permit; Like this:Like Loading...
An Act or regulation does not affect litigation pending at the time of its enactment, unless the Act or regulation expressly states that it does. Like this:Like Loading...
In psychology and the cognitive sciences, perception is the process of acquiring, interpreting, selecting, and organizing sensory information. Pratyakṣam – Evidence of Direct Perception Like this:Like Loading...
Perform, in relation to functions, includes the exercise of a power, responsibility, authority or jurisdiction; Like this:Like Loading...
Actio personalis moritur cum persona: a personal right of action dies with the person, in other words, the personal action dies with a man {1 . Pedasubhayya V. Akkamma, A.l.R. 1958 S.C. /043; 2.B. Gajapathi Rao V. State of Andhra
Person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate; Like this:Like Loading...
A perverse order is the one that has been passed against the weight of the material on the record or by ignoring such material or without giving reasons; 2 such order is also termed as arbitrary, whimsical and capricious. The
Peter’s Pence(Peter’s Obolo) is the name given to the financial support offered by the faithful to the Holy Father as a sign of their sharing in the concern of the Successor of Peter for the many different needs of the
A petition is a formal written request from one or more people to the Sovereign or Parliament. Petitions may be sent to Parliament postage free and can be presented formally by an MP with a short speech or informally in
Phenomenology is in general the science of appearances. Like this:Like Loading...
“physician” or “duly qualified medical practitioner” or a similar expression indicating legal recognition of an individual as a member of the medical profession means a physician who holds a valid certificate of practice issued by a State Authority. Like this:Like
Absolute sententia expositore non indiget >  plain language does not need an interpreter [Amar Singh V. State of Rajasthan, A.l.R. 1955 S.C. 504 (526)) Like this:Like Loading...
The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. An answer is a pleading in which a defending
In Sri Amar Chand Inani v. Union of India, AIR 1973 SC 313, the issue involved herein was considered and this Court held that in such a fact-situation, where the plaint is returned under Order VII Rule 10 CPC and
In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges in open court. A plea of nolo contendere or an Alford plea may also be made. A guilty plea allows the defendant to
Om Prakash vs State of Rajasthan and ors. (2012) 5 SCC 201 Hon’ble Court held that the court must be sensitive in dealing with the Juvenile who is involved in cases of serious nature like Sexual Molestation Rape, Gang rape
”Pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practice in such Court, and includes any other appointed with the permission of
Order VI Rule 1 defines pleadings in a plaint and written statements. It also includes the statements made by a party under Order 10 Rule 1. Provisions of Order 10 Rule 1 provide for ascertainment whether the allegation in the pleadings
Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention. Like
To a large extent, the common law duties of the police rest in sync with their statutory duties. For instance, at common law, the police have a duty to preserve the peace, prevent crime, and protect life and property: Similarly,
The police force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in the society. People repose great faith and confidence in it. It must be worthy of that confidence. A candidate
The words ‘police officer’ are therefore not to be construed in a narrow way, but have to be construed in a wide and popular sense, as was remarked in R. v. Hurribole [ILR 1 Cal 207] where a Deputy Commissioner
Policies are the group of ideas on which a political party stands for election. These policies form the basis of any legislation that the Government intend to bring before Parliament.   Like this:Like Loading...
Political Parties are formed by groups of people who are united in maintaining a set of policies. They have similar ideas on how the nation should be governed and band together to achieve that view. In Britain the party system
The Roman Pontiff, as Peter’s successor, is the perpetual and visible principle and foundation of the unity of both the Bishops and the multitude of the faithful. LUMEN GENTIUM, 23 Treaty between the Holy See and Italy (11/02/1929) Lateran Treaty of
[1] Why is there a specialized meaning for the term “positive law” with respect to the United States Code, and why is this term used despite the potential for confusion with the broader meaning given to the identical term in
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general
“A power is one’s affirmative control over a given legal relation as against another.” Hohfeld. “A power is the legal relation of one to another where one by his voluntary act may create new legal relations between them, or between
Practice includes all the steps in legal procedure not included in pleading and evidence, such for example, in a criminal case, as indictment, warrant, arrest, preliminary examination, bail, arraignment, plea, empanelling and swearing the jury, opening statement of state’s attorney,
Prayers are read at the beginning of each sitting of the House of Commons and the House of Lords. During prayers the doors and galleries of the Houses are closed and strangers (visitors) are excluded. In the House of Commons
A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided
Pregnancy: the Court has to see in these proceedings is whether the petitioner has proved beyond reasonable doubt that the respondent was pregnant by some one else at the time of marriage. The petitioner has to establish such facts and
Order XIV Rule 2 requires the court to dispose of a case on a preliminary issue. In Smt. Tara Devi V. Sri Thakur Radha Krishna Maharaj, AIR 1987 SC 2085, the Supreme Court considered a case as to whether the
Prescribed means — (a)prescribed by or under the written law in which the word occurs; and (b)in a case where reference is made to anything prescribed by a written law other than the law in which the word occurs, includes
A pressure group is a group that puts pressure on individual parties or the government as a whole to try to persuade them to amend or make a new law about their area of interest. Pressure groups have played an
“Price” (價格) includes any discount, rebate, allowance, price concession or other advantage in relation to the supply of goods or services; value. Precious Metals Prices National Pharmaceutical Pricing Policy-Govt of India-2012 Pricing Policy of Costly Medicines in India Beer Price
Victorian Britain Prisons at this time were often in old buildings, such as castles. They tended to be damp, unhealthy, insanitary and over-crowded. All kinds of prisoners were mixed in together, as at Coldbath Fields: men, women, children; the insane;
Privy Councillors are members of the Queen’s own Council the ‘Privy Council’. There are about five hundred members who have reached high public office. Membership includes all members of the Cabinet, past and present, the Speaker, the leaders of all
The theory of probability consists in the reduction of doubts of the same class of a definite number of equally possible cases in such a way that we are equally undetermined with regard to their existence, and it further consists
The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the judgment. Proceeding civil Collusion in judicial proceedings Adversary proceeding Effect upon pending proceedings when an Act was repealed Madras High
Any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property(CrPC) “property” means property and assets of every description whether corporeal or
‘‘Procurement’’ includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and endingwith contract completion and closeout. Procurement system means the integration of the procurement process, the
Our law does not enforce every promise which a man may make. Promises made as ninety-nine promises out of a hundred are, by word of mouth or simple writing, are not binding unless there is a consideration for them. That
Civil Judges (Junior Division to be eligible for promotion to DHJS [All India Judges Assn. v. Union of India, (2022) 7 SCC 494] Like this:Like Loading...
Proof : “as a means of testimony in the legal sense of that term every possible source must be examined which may suffice the judge according to law. And from such examination only may the requisite certainties be attained from
“Property” means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located; Property – property interest
Court viewed prosecution story doubtful. Conviction on unreliable, untrustworthy evidence when statements embellished, contradicted, non-corroboration by reliable testimony, direct or circumstantial is unsafe. Extended benefit of doubt. Acquitted appellant. Revisional Court do not re-appreciate evidence, do not substitute findings of
Right of victim or their relatives can seek enhancement of sentence [Jaswinder Singh v. Navjot Singh Sidhu, (2022) 7 SCC 628] Like this:Like Loading...
“Proved” — A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular
The notion of “proved” would require at least to establish its relation to usage and to say: What we desire leads us to an assumption, what is possible gives us probability, what appears certain, we call proved. In this regard
Supreme Court in Metal Box Company v. The Workmen, , to interpret the word ‘provision’. It is stated : “an amount set aside out of profits and other surpluses, not designed to meet a liability, contingency, commitment or diminution in
A public authority is an organisation which provides public functions. This can be a public sector organisation, like a hospital, government department or the courts. Private organisations or charities which carry out public functions are also public authorities – for
The Public Distribution System (PDS) in India evolved as a system of management of scarcity through distribution of food grains at affordable prices. Over the years, PDS has become an important part of Government’s policy for management of food economy
Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi & Anr.29 as well, which held that no strict definition for “public interest” existed: “22. The expression “public interest” has to be understood in its true connotation so as to give
A public law is an act of general application (unlike a private law). Public laws are designated by the Congress number and the number of the law for that Congress. In drafting a codification bill, the Office of the Law
The public sector policy plays a central role in any country. In developed countries, the government and other public sector entities account for a large share of the economy, sometimes up to about half of it. In developing countries, the
The prosecutorial set up consists of “Public Prosecutors including Additional Public Prosecutors, Special Public Prosecutors and Assistant Public Prosecutors.” A prosecutor occupies a unique position in Criminal Justice System. In Hitendra Vishnu Thakur vs. State of Maharashtra, AIR 1994 SC
Quality is an encompassing term that includes objectivity, utility, and integrity. Therefore, a guidelines may refer to the above four terms, collectively, as “quality.” Quality Council of India launches Indian Certification of Medical Devices Plus Scheme Qualities that a Judge must
State of Haryana & Ors. Vs. Bhajan Lal 1992Supp (1)SCC335 which empowers Court to quash FIR/complaint/all criminal proceedings under s.482 of C.P.C. when on face of it no offence is made out. Proceedings out of FIR quashed, Criminal misc petition
Queen Elizabeth was born in 1926 and was the eldest daughter of George VI. She married her third cousin, Philip, Duke of Edinburgh in 1947. She has four children Charles, Anne, Andrew and Edward. She became Queen in 1952. Like
A term derived from the name of a writ issued to compel a person or a number of persons to show by what warrant they have assumed the duties of a public office, trust, or franchise. It is, accordingly, the
It is well-settled that in cases of rape, mere statement of the victim is sufficient to connect the accused with the commission of the offence, if the statement of the victim inspires confidence. Prima facie, the statement of the complainant
In Great Britain, an amount levied upon property in the nature of a tax for legal purposes. Like this:Like Loading...
Rule 4 of Order 18 of the Code of Civil Procedure provides for cross-examination and re-examination of a witness which shall be taken by the court or the Commissioner appointed by it. Section 138, Evidence Act 138. Order of examinations–
Remedies available to allottee under Real Estate (Regulation and Development) Act, 2016( S. 18) [Imperia Structure Ltd. v. Harit Pant, (2022) 7 SCC 703] Like this:Like Loading...
A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.[IPC] Like this:Like Loading...
It is important here to contrast “reason to believe” with the expression “reason to suspect”, which is contained in section 49 of the NDPS Act. Thus, “reason to believe” has been construed by this Court in A.S. Krishnan v. State
Beyond a reasonable doubt has a well-known meaning. A reasonable doubt is not an imaginary, far-fetched or frivolous doubt. It is doubt based on reason and common sense. It is a doubt that flows from the evidence or absence of
In “Collector of Customs, New Delhi v. Ahmadalieva Nodira” [2004 (3) SCC 549], a decision rendered by a Three Judges Bench held thus: “7. The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes
“Records” include the records maintained in the form of books or stored in a computer or such other form as may be prescribed; Inspection of Records in criminal cases in UP CRIME & POLICE STATION RECORDS TO BE MAINTAINED BY
Before the Conquest (1066), the Crown had used religious houses as places for the deposit of important documents, but the centralised and bureaucratised Anglo-Norman monarchy rapidly acquired more permanent archival requirements. Domesday Book, effectively the first ‘public record’, in the
Transfer of Property Act, 1882(S. 53-A)-Suit for Declaration and permanent Injunction in Biswanath Banik v. Sulanga Bose, (2022) 7 SCC 731 Like this:Like Loading...
The term applied to the fourth stage in the pleadings in an action at common law, in which the defendant makes answer to the plaintiff’s replication. A surrejoinder is the next pleading of the plaintiff. Like this:Like Loading...
The Interpretation Act, 1984 (Australia) has laid down certain indicators to determine the meaning of “de facto relationship”, which areas follows: “13A . De facto relationship and de facto partner, references to 1. A reference in a written law to
Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability
A case cannot be based on grounds outside the pleadings of the parties and it is the case pleaded that has to be found. Without an amendment of the plaint, the Court was not entitled to grant the relief not
The word “rent” has not been defined in the tenancy law and this Court has taken note of this legal position in the case of Puspa Sen Gupta v. Susma Ghose [(1990) 2 SCC 651] which arose out of the
“Repeal” includes revoke, rescind, cancel or replace; “revoke” includes rescind, cancel or replace; [Interpretation Act-Trinidad and Tobago] Like this:Like Loading...
Jagir Kaur & Ors. vs. Jaswant Singh AIR 1963 SC 1521 court opined that the term “resides” as under Section 126 Cr.P.C. would include both, a permanent as well as a temporary residence. Sec 27 of the Domestic Violence Act,
The individual, organisation or corporation against whom/which legal proceedings are commenced. Also known as a ‘defendant’ in admiralty and corporations matters and in some courts. In an appeal it is the party who/ which did not commence the appeal. Like
“no work, no pay” principle explained. [Jacob Thudipara v. State of M.P., (2022) 7 SCC 764] Like this:Like Loading...
When an appellate court sets aside the decision of a lower court because of an error. A reversal is often followed by a remand. For example, if the defendant argued on appeal that certain evidence should not have been used
“A right is one’s affirmative claim against another.” Hohfeld. “A right is the legal relation of two where society enforces action or forbearance for orqe.” Corbin. “A legal right is the capacity residing in one man of controlling with the
In Mahabir Auto Stores v. Indian Oil Corporation (1990) 3 SCC 752, this Court noticed the difference between private law cases where the issue is the exercise of a ‘right’ as contrasted from public law cases where the question related
XV. KINGS OF ROME. Yrs. B. C. – B. C. 1. Romulus reigned 38 753-715 2. Numa Pompilius ⁠43 715-673 3. Tullus Hostilius ⁠32 673-641 4. Ancus Marcius ⁠24 641-616 5. Tarquinius Priscus ⁠38 616-578 6. Servius Tullius ⁠44 578-534
The primary duty of a member/officer of the RPF is to safeguard and protect railway property. Only such powers of arrest and inquiry have been conferred by the 1966 Act on members of the RPF as are necessary and incidental
Scientifically “rule” means law subjectively taken and is of equal significance with the guiding line for one’s own conduct, whence it follows that there are only rules of art and morality, but no rules of nature. Like this:Like Loading...
The concept of the Rule of Law has in recent years been given a content by the International Commission of Jurists which is vastly wider than that accorded to it by Dicey — and which, it seems, continually tends to
C.P.C. O.12 R 6: Where defendant has raised objection which go to the root of case, it would not be appropriate to exercise the discretion under Rule VI Order 12. Said rule is an enabling provision which confers the discretion
Hearsay or rumour is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an oral or written assertion or
LEGAL SYSTEM- Civil law system; judicial review of legislative acts. POLITY-25 December 1991 (from the Soviet Union; Russian SFSR renamed Russian Federation); notable earlier dates: 1157 (Principality of Vladimir-Suzdal created); 16 January 1547 (Tsardom of Muscovy established); 22 October 1721
संस्कृत-Refined/cultivated > Vedic Sanskrit (5000 BCE) > the language of Iswara (God) Sanskrit Dictionary of Bhagavadgita[Gita] Sanskrit Documents Sanskrit Documents in Devanagari Script Sanskrit language learning tools Speak Sanskrit fluently Sanskrit Mugdha Bodham Vyakaranam by Bopa Deva Sanskrit UGC NET
Second bail application U/ S.439 CrPC for offence punishable under S.302/120-B & 201 of the IPC and S. 4/25 of the Arms Act. Court opined that accused lady jailed since 2015 with minor daughter of 3 years, trial yet pending.
In Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr. [2012 (7) SCC 621] In G. Sagar Suri v. State of U.P. [2000 (2) SCC 636 : 2000 SCC (Cri) 513] wherein during the pendency of the proceedings under Section
The power of the court under Section 165 of the Evidence Act is in a way complementary to its power under Section 311 of the Code. The section consists of two parts i.e.: (i) giving a discretion to the court
The provisions of Section 37 of the NDPS Act read as follows: “37. Offences to be cognizable and non-bailable.–(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)– (a) every offence punishable under this Act shall
Section 439 in The Code Of Criminal Procedure, 1973 439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct- (a) that any person accused of an offence and
Section 482 should be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specially laid down in the Section, the Court is duty bound to exercise its jurisdiction under Section 482 of the
Section 50 in The Narcotic Drugs and Psychotropic Substances Act 1985 50. Conditions under which search of persons shall be conducted. (1) When any officer duly authorised under section 42 is about to search any person under the provisions of
Section 91 CrPC empowers inter alia any Court to issue summons to a person in whose possession or power a document or thing is believed to be, where it considers the production of the said document or thing necessary or
Supreme Court in Bhartiya Seva Samaj Trust Tr. Pres. & Anr. v. Yogeshbhai Ambalal Patel & Anr., AIR 2012 SC 3285, while dealing with the issue held: “21. A person alleging his own infamy cannot be heard at any forum,
Order XIV Rule 1 deals with the settlement of issues and determination of suits on issues of law or on issues agreed upon. “Issues arise when a material proposition of fact or law is affirmed by the party and denied
A term usually applied to denote an order from the court commanding a person to present a reason for some action, as why he should not be punished for contempt of court, etc. A Court or tribunal generally issues an
“sign”, with its grammatical variations and cognate expressions, with reference to a person who is unable to write his or her name, includes “mark” with its grammatical variations and cognate expressions; Like this:Like Loading...
Legal justice is not as broad as social justice. Social justice recognizes more social interests than does legal justice. Consequently it recognizes more rights and duties. Social justice also recognizes no favored classes, and it protects groups within nations or
Badri vs. State of Rajasthan, reported in (1976) 1 SCC 442,  held that if a witness, who is the only witness against the accused to prove a serious charge of murder, can modulate his evidence to suit a particular prosecution
“solicitor” includes any person authorised to provide legal services other than as counsel in connection with proceedings before the Court. Like this:Like Loading...
South Sudan was a part of Anglo-Egyptian Sudan from 1899 – 1955 under joint British-Egyptian rule. After two civil wars (1962-72 and 1983-2005), it became an autonomous region (“Southern Sudan” ) in Sudan. India’s position remained neutral in the long-running
Empty area could be realised within a time frame. Space law can be described as the body of law governing space-related activities. Space law, much like general international law, comprises a variety of international agreements, treaties, conventions, and United Nations
Pritam Singh vs. The State (B) Fazal Ali J., after a careful examination of Art. 136 along with the preceding articles stated the scope of the appeal under Art. 136 to be: “Generally speaking, this court will not grant special
Privy Council in the Nazir Ahmad v. King Emperor [1936 SCC OnLine PC 41], wherein it was held that “that where a power is given to do a certain thing in a certain way the thing must be done in
The Constitution Bench of Apex Court in the case of Joseph Kuruvilla Velukunnel was considering a challenge to Section 38(1) and (3)(b)(iii) of the Banking Companies Act, 1949 being violative of Articles 14, 19 and 301 of the Constitution of
Acts of Parliament cannot always cover every rule or regulation for every detail of the subject they deal with. In order to prevent the need for an Act of Parliament every time a detail needs to be updated or added
Statutory interpretation is concerned to identify the meaning of the words used by Parliament and that, in ascertaining that meaning, the context and purpose of the provision are important [R v Luckhurst [2020] UKSC. Dictionary of Statutory Interpretation Legisprudence-A New
Thus when a statute is vague, the Court will give such an interpretation that keeps the statute in conformity with the fundamental rights. Similarly, if a statute is capable of two interpretations one of which violates the fundamental rights and the other of which protects the fundamental rights the court would opt for the latter.
Grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 CrPC would be only in the rarest of rare cases. This Court has also emphasized the right of the Investigating Officer to investigate the
Stridhana property is the exclusive property of the wife on proof that she entrusted the property or dominion over the stridhana property to her husband or any other member of the family, there is no need to establish any further
Subpoena is a process directed to a person requiring him or her to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his
Section 100 of the Civil Procedure Code, 1908 -To be ‘substantial’, a question of law must be debatable, not previously settled by law of the land or a binding precedent, and must have a material bearing on the decision of
“Sufficient Cause” is an expression which has been used in large number of Statutes. The meaning of the word “sufficient” is “adequate” or “enough”, in as much as may be necessary to answer the purpose intended. Therefore, word “sufficient” embraces
A “summons” is a process issued by a court calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response
“Supply” (供應)— (a) in relation to goods, means sell, rent, lease or otherwise dispose of the goods, an interest in the goods or a right to the goods, or offer so to dispose of the goods or of such an
We are the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. The Supreme Court hears cases of the greatest public or constitutional importance affecting the whole population [UK
One who guarantees the performance of another. Like this:Like Loading...
A surname refers to the name a person shares with other members of that person’s family, distinguished from that person’s given name or names; a family name. Surname is not only indicative of lineage and should not be understood just
Afghanistan As of 2022, the Taliban had established a Ministry of Defense and named commanders and deputy commanders for 8 regional corps; in December 2021, it announced the formation of a police force .Taliban’s so-called “interim government” has a “Supreme
Joint Tenants - Joint tenants have a right of survivorship. This means that if A and B own land as joint tenants and if either A or B dies then the interest of the deceased joint tenant automatically passes to the survivor. In effect the joint tenant does not have an interest in the land that he or she can leave in a will unless he or she is the sole surviving joint tenant. Once a joint tenant dies then the death is noted by an Application to Note Death. Please refer to our leaflet on death of registered owner for more details. To create a Joint Tenancy the following rules must be satisfied: All the joint tenants must acquire their interest in the property at the same time and from the same transaction. The interest must be identical in nature and each tenant enjoys an equal right to the whole or any part of the property but not an exclusive right to possess any part.
Section 3 of the MTP Act reads as follows: “3. When pregnancies may be terminated by registered medical practitioners. (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of
It is well settled that, when different words are used in the same statute, there is a presumption that they are not used in the same sense. Accordingly, in T.A. Krishnaswamy v. State of Madras Supreme Court held that the
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of
Time—N. time, duration; period, term, stage, space, span, spell, season; the whole time, the whole period; space-time; course. intermediate time, while, interim, interval, pendency; intervention, intermission, intermittence, interregnum, interlude; respite. era, epoch; time of life, age, year, date; decade(period); moment,
“Transfer” includes sale, purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien; INDIA (TRANSFER OF POWER)-1947 Transfer meaning Revocable transfer Section 408 of Cr.P.C – Power of Sessions Judge to transfer cases
Transparency means that the sources, methods, procedures, references, and assumptions employed to create the information are provided. UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration-2013 West Bengal Clinical Establishment (Registration, Regulation and Transparency) Rules 2017 Like this:Like Loading...
Treason is an act of betrayal. It is generally used to describe acts against the Sovereign or the State to which the offender owes allegiance. In Britain, treason was the last offence for which the death penalty applied, but this
The Treasury is the Government Department that looks at public spending and does the Government’s accounting. It is responsible for overall Government spending on public services and for raising taxes. The administration of Crown revenues was sophisticated even before the Norman Conquest
"Every treaty and every international agreement entered into by any Member of the United Nations ... shall as soon as possible be registered with the Secretariat and published by it." (Article 102 of the Charter of the United Nations).
The trial designates the moment when the judges publicly proceed to the contradictory investigation of the facts before deciding in full knowledge of the facts. In reality, the trial is not limited to this moment of the public hearing, but
Tribunal.—N. tribunal, court, board, bench, judicatory; court of justice, court of law, court of arbitration, administrative court; inquisition; guild. justice seat; judgment seat, mercy seat; woolsack; bar of justice; dock; forum, hustings, bureau, drumhead; jury box, witness box. senate house,
The question of “truth” of the individual geometrical propositions is thus reduced to one of the “truth” of the axioms. The concept “true” does not tally with the assertions of pure geometry, because by the word “true” we are eventually
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland; Like this:Like Loading...
In international law, a final statement, as of one power to another, before breaking off friendly negotiations. Like this:Like Loading...
USA common law system based on English common law at the federal level; state legal systems based on common law, except Louisiana, where state law is based on Napoleonic civil code; judicial review of legislative acts .US Supreme Court (consists of 9 justices - the chief justice and 8 associate justices)
The University Grants Commission (UGC) came into existence on 28th December, 1953 and became a statutory Organization of the Government of India by an Act of Parliament in 1956, for the coordination,determination and maintenance of standards of teaching, examination and
An assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is- First. – To overawe by criminal force, or show of criminal force, the Central or any State
Therefore, as such, such an unregistered document/agreement to sell shall not be admissible in evidence. Having conscious of the fact that the plaintiff might not succeed in getting the relief of specific performance of such agreement to sell as the same
It is settled proposition of law that the validity of an order is to be tested on the touch-stone of doctrine of prejudice. (Vide: Janki Nath Sarangi V. State of Orissa, (1969) 3 SCC 392; K.L. Tripathi V. State Bank
The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has
“Value” means the fair market value of any property on the date of its acquisition by any person, or if such date cannot be determined, the date on which such property is possessed by such person. “The value of a
वेदलक्षणविचारः अथ को वेदः ? इति चेत् । उच्यते – अपौरुषेयं वाक्यं वेदः । स च विधि- मन्त्र- नामधेय-निषेध-अर्थवादभेदात् पञ्चविधः । विधिमीमांसा तत्र अज्ञातार्थज्ञापको वेदभागो विधिः । स च तादृशप्रयोजनवत् अर्थविधानेन अर्थवान् यादृशं च अर्थं प्रमाणान्तरेण अप्राप्तं विधत्ते यथा- “अग्निहोत्रं जुहुयात्स्वर्गकाम” इति
Ravinder Singh v. Sukhbir Singh & Ors: (2013) 9 SCC 245 at paragraph 24, that it is the paramount duty of the court to protect innocent person. “24. The word “vexatious” means “harassment by the process of law”, “lacking justification”
A virtue is defined as an habitual disposition to perform acts which usually have the best results; and the notion that virtue is the sole good is discussed and rejected. It is pointed out, that those who have professed this
The British Peerage has five ranks within it. Viscount is the fourth of the ranks or grades. The title was first given to Viscount Beaumont in 1440. Like this:Like Loading...
“waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. In the absence of any proof of dedication or user, a dilapidated wall
warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; Like this:Like Loading...
Judiciary is considered as the last interpreter of the Constitution and is thus sentinel at qui vive to defend the constitutional essentials, promises and aspirations of we, the people. Here I would like to quote what former Chief Justice of
WhatsApp somebody without saving the number: https://wa.me/912334557890 Replace the above number with intended number using a Browser. This will generate a WhatsApp chat thread with the phone number specified in the above link. Like this:Like Loading...
A member of a political party who is responsible for organising the party’s participation in Parliament. Combined, the whips are sometimes referred to as “the whippery”. Like this:Like Loading...
The word “wilful” introduces a mental element and hence, requires looking into the mind of a person/contemnor by gauging his actions, which is an indication of one's state of mind.
“without prejudice” means (1) that the cause or the matter has not been decided on merits, (2) that fresh proceedings according to law were not barred. I
A person called upon by either side in a lawsuit to give testimony before the court or jury. Order XVI empowers the court to summon the witnesses and can force the witnesses to appear in court. In Vasantha Viswanathan &
Where a word is defined in a written law, other parts of speech and grammatical variations of that word have corresponding meanings in that written law. Like this:Like Loading...
“writing”, “written” or any term of like import includes words typewritten, printed, painted, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form. Like this:Like Loading...
“written law” means the Constitution, the Constitutional Instruments, Acts, subsidiary legislation or applied written law, and includes part of a written law Like this:Like Loading...
wrong: I. a violation; transgression or infringement of law; invasion of right to the damage or prejudice of another or others [s.10,Indian Evidence 2. deviating from justice, equity and goodness; not morally right or equitable [s. 84, I. P.C.] 3.
The value found by dividing the amount of interest paid on a bond by the price, thus measuring the income from a bond (The term also refers to the dividend from stock divided by its price. Yield, however, is not
Zulfikar Ali Bhutto was born on January 5th 1928. He was the son of Sir Shah Nawaz Bhutto. He hailed from a family of Rajputs originally belonging to a Hindu Warrior caste and they later became converts to Islam four centuries ago. They were wealthy landowners in Larkana in Sindh. He went abroad for his higher studies. He proceeded to the University of California, Berkeley where he graduated in Political Science.

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