Acquittal - Law Dictionary Search Results
Home Dictionary Name: acquittal Page: 2 Page 2 of about 46 results ( seconds)Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Substantial and compelling reasons
Substantial and compelling reasons, the different phraseology used in the judgments of this Court, such as, (i) 'substantial and compelling reasons', (ii) 'good and sufficiently cogent reasons', and (iii) 'strong reasons' are not intended to curtail the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and to come to its own conclusion; but in doing so it should not only consider every matter on record having a bearing on the questions of fact and the reasons given by the court below in support of its order of acquittal in its arriving at a conclusion on those facts, but should also express those reasons in its judgment, which lead it to hold that the acquittal was not justified, Sanwat Singh v. State of Rajasthan, AIR 1961 SC 715 (719): (1961) 3 SCR 120....
Acquintance
Acquintance, means a document by which one is discharged from a debt or other obligation, a receipt or release indications payment in full, Black Law Dictionary, 7th Edn., p. 24.Acquittance is a discharge in writing of a sum of money or duty which ought to be paid or done; as where a man is bound to pay money on a bond, rent reserved upon a lease, etc., and the party to whom it is due, on receipt thereof, gives a writing under his hand witnessing that he is paid, this will be such a discharge in Law that he cannot demand and recover the sum or duty again, if the acquittance be produced, Termes de la Ley. As to forgery of an acquittance. [see (English) Forgery Act, 1913 (3 & 4 Geo. 5, c. 27), s. 2(2) (a), s. 18 (1)]...
Remit
Remit, means to pardon, to refrain from inflicting to give up. A remission of sentence does not mean acquittal, Ram Deo Chauhan v. State of Assam, AIR 2001 SC 2231. [See Constitution of India, Art. 72 & 161; Criminal Procedure Code, 1973, ss. 432, 433 & 433(A)]The word 'remit' as used in s. 432 is not a term of art. Some of the meanings of the word 'remit' are 'to pardon, to refrain from inflicting to give up'. It is therefore, no obstacle in the way of the President or Governor, as the case may be in remitting the sentence of death. A remission of sentence does not mean acquittal, Ram Deo Chauhan v. State of Assam, AIR 2001 SC 2231 (2251): (2001) 5 SCC 714. (Criminal PC, s. 432)To pardon or forgive, Black's Law Dictionary, 7th Edn., p. 1297....
Birth, Concealing
Birth, Concealing. See Offences against the Person Act, 1861, s. 60, which enacts that every person who shall, by any secret disposition (see R. v. Brown, 1870 LR 1 CCR 244) of the dead body of a child, whether such child died before, at, or after his birth, endeavour to conceal the birth thereof, shall be guilty of a misdeameanour, punishable with imprisonment not exceeding two years. To constitute the offence it must be established that the mother was delivered of a child within the meaning of the statute (see R. v. Colmer, 9 Cox, 506; R. v. Hewitt, 4 F. & F. 1101), that there was a definite act of concealment of the body as distinguished from abandonment, that the child was dead at the time, and that a body has been found and identified with that of the child to whom the charge relates. S. 60 of the Act provides, further, that if any woman tried for the murder of a child is acquitted thereof, she can lawfully be convicted of concealment of birth if there is evidence of that offence....
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
Discharge
Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the...
Eat inde sine die
Eat inde sine die, words used on the acquittal of a defendant, 'that he may go thence without a day,' i.e., be dismissed without any further trial or adjournment....
Unsound food
Unsound food. Extensive powers for the inspection and seizure of unsound food are given by the (English) Public Health Act, 1875, ss. 116-119, and the Public Health (London) Act, 1891, s. 47. By sub-s. 4 of the latter Act the seller of unsound food may be ordered, upon a second conviction, to affix a notice of the facts upon his premises; and under this section. proceedings may be taken by a private individual, Giebler v. Manning, (1906) 1 KB 709. As to the position of a wholesale butcher when unsound meat is seized while in the possession of the retailer to whom he sold it, see Grivell v. Malpas, (1906) 2 KB 32, and as to the power of a butcher to obtain compensation when a prosecution results in an acquittal, see Hobbs v. Winchester Corporation, (1910) 2 KB 471. Compare the title ADULTERATION....
Tried
Tried, the term tried means that the Special judge has applied his mind to the documents submitted by the prosecution, AIR 1967 Raj 221 (224). [Criminal Law Amendment Act (22 of 1966), s. 11]The word 'tried' in s.494 of the Code is not used in any limited sense and the s. is wide enough to cover every kind of inquiry and trial, and applicable to all cases which are capable of terminating either in a discharge or in an acquittal according to the stage at which the application for withdrawal is made, State of Bihar v. Ram Naresh Pandey, AIR 1957 SC 389: (1957) SCR 279....
- << Prev.
- Next >>