Carucate - Definition - Law Dictionary Home Dictionary Definition carucate

Definition :

Carucate [fr. Carucata terr'], Carvage,or Carve of land, a plough-land of 100 acres, or according to Skene, as much land as may be tilled in a year and a day by one plough, Ken. Glos. 'And one plow land, carucata terr', or a hide of land, hida terr' (which is all one), is not of any certain content, but as much as a plow can by course of husbandry plough in a year.'-Co. Litt. 69 a. This quantity varies in different counties from 60 to 120 acres.

Case, includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1)(a)]

Means--(1) A trial. (2) A trial involving some point of law so important as to be published in Law Reports (see that title) for future use as a precedent. (3) A statement of facts and documents, raising a point of law, submitted for the opinion of counsel. See PRECEDENTS. (4) includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (a)]. (5) The expression 'case' is not limited in its import to the entirety of the matter in dispute in an action. To interpret the expression 'case' as an entire proceeding only and not a part of the proceeding imposes an unwarranted restriction on the exercise of powers of superintendence and may result in certain cases in denying relief to the aggrieved litigant where it is most needed and may result in the perpetration of gross injustice, Baldevdas Shivlal v. Filmistan Distributors (India) (P.) Ltd., (1969) 2 SCC 201: AIR 1970 SC 406: (1970) 1 SCR 435. The word 'case' is not defined by the Criminal Procedure Code,1898 but its meaning is well-understood in legal circles. In criminal jurisdiction means ordinarily a proceeding for the prosecution of a person alleged to have committed an offence. In other contexts the word may represent other kinds of proceedings but in the context of the sub-s. it must mean a proceeding which at the end results either in discharge, conviction, or acquittal of an accused person, Bhimappa Bassappa Bhusannavar v. Laxman Shivarayappa Samagouda, (1971) 1 SCR 1: (1970) 1 SCC 665: AIR 1970 SC 1153 (1155). [Criminal Procedure Code, s. 47(3)]

The word 'case' is ordinary usage means 'event', 'happening', 'situation', 'circumstances'. The expression 'case' in legal sense means 'a case', 'suit' or 'proceeding in Court or Tribunal', J.C. Yadav v. State of Haryana, (1990) 2 SCC 189 (194): AIR 1990 SC 857.

The word 'case' is thus used in a comprehensive sense of including both pending proceedings as well as proceedings to be instituted in future, C.I.T v. Bidhu Bhusan Sarkar, AIR 1967 SC 916 (920). (Income-tax Act, 1961, s. 127)

The expression 'case' is a word of comprehensive import. It includes civil proceedings other than suits, and is not restricted by anything contained in the s. to the entirety of the proceeding in a civil court, Major S.S. Khanna v. F.J. Dillon, AIR 1964 SC 497 (501): (1964) 4 SCR 409. [Civil PC, 1908, s. 115]

'Case' as used in the Art. 134(1)(c) means the case of each individual person. That would be so even if the trial had been by the High Court itself but it is even more so on appeal because, though several persons may join in presenting a common memorandum of appeal (if Rules of the Court in question so permit), the appeal of each forms a separate 'case' for those purposes, Nar Singh v. State of Uttar Pradesh, AIR 1954 SC 457. [Constitution of India Art. 134(1)(c)]