Bill Of Exceptions
Legal definition for Indian law research
Definition
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.
By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by motion for a new trial.
In the Court of Session in Scotland a Bill of Exceptions presented to the Inner House is the procedure for obtaining a new trial in civil jury cases where the objection to the verdict is based either (1) on a misdirection in law, or (2) on the undue admission or rejection of evidence which might materially affect the verdict.
By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by motion for a new trial.
In the Court of Session in Scotland a Bill of Exceptions presented to the Inner House is the procedure for obtaining a new trial in civil jury cases where the objection to the verdict is based either (1) on a misdirection in law, or (2) on the undue admission or rejection of evidence which might materially affect the verdict.
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