J Dictionary
judicial comity
judicial comity : comity ...
Judicial Committee of the Privy Council
Judicial Committee of the Privy Council, a tribunal of Privy Councilors, established by 2 & 3 Wm. 4, c. 92, for the disposal of appeals to the Sovereign in Council. It consists of the Lord Chancellor, the Lord President and ex-Lords President, the six Lords of Appeal in Ordinary, and such other members of the Privy Council as shall from time to time hold or have held 'High Judicial Office,' i.e., judges of the Supreme Courts of England or Ireland, Court of Session in Scotland, and not more than seven judges of the superior courts of the self-governing Colonies (or other possession fixed by Order in Council), and not more than two judges of any High Court in India as shall be nominated by the King.The Committee sits in Downing Street, Whitehall. Appeals are conducted before it as before a court, although inform it reports to the King advising that an appeal should be allowed or disallowed: consequently dissenting opinions are not disclosed. The principal matters which come before the Ju...
judicial conference
judicial conference : a conference of judges and sometimes other concerned individuals (as members of the bar) at which important judicial affairs are reviewed and conducted for the purpose of improving the administration of justice ...
judicial confession
judicial confession : a confession made in a legal proceeding (as in a trial) [a guilty plea supported by a judicial confession] ...
Judicial control
Judicial control, means a doctrine by which a court can deny cancellation of a lease if the lessee's breach is of minor importance, is not caused by the lessee, or is based on a good-faith mistake of fact, Black's Law Dictionary, 7th Edn., p. 851....
Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of thei...
Judicial definitions
Judicial definitions, judicial definitions are not statutory definitions; they are mere explanatory and not definitive. Therefore, every word of the judicial definition should not be weighed in golden scales. The tendency is to try to interpret the langu-age implode by the judges in the judicial definition as if it has been transformed into a statutory definition. That is wrong. Always, words and expressions to be interpreted are those employed in the statute and not those used by judges for felicitous explanation, S.P. Mittal v. Union of India, AIR 1983 SC 1: (1983) 1 SCC 51: (1983) 1 SCR 729....
judicial discretion
judicial discretion : discretion ...
Judicial discretion
Judicial discretion, signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will, the liberty of power of acting without other control than one's own judgment, Reliance Airport Develo-pers Pvt. Ltd. v. Airports Authority of India, (2006) 10 JT 424: (2006) 11 SCALE 208.Judicial discretion. Such matters in the course of a trial as are to be decided summarily by the judge, and cannot be questioned afterwards, are said to be within his discretion. Various matters incidental to the conduct of a cause before trial are also by statute left in the discretion of the Court, or a judge at chambers. Discretion is thus defined by Coke, in Rooke's case, 40 Eliz.: 'Discretion is a science of understanding, to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one said, ta...
Judicial documents
Judicial documents, proceedings relating to litiga-tion. They are divided into: (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to any judicial proceedings, See 1 Stark. Evid. 252....