Adduce - Law Dictionary Search Results
Home Dictionary Name: adduceAdduce
Adduce, means to offer or put forward for consideration (something) as evidence or authority e.g. adduce the engineer's expert testimony, Black Law Dictionary, 7th Edn., p. 39....
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
allegata
allegata [New Latin, plural of allegatum, from Medieval Latin allegare to allege, from Latin, to dispatch, adduce in support] : facts alleged or allegations made in a pleading compare probata ...
Epagoge
The adducing of particular examples so as to lead to a universal conclusion the argument by induction...
Quote
To cite as a passage from some author to name repeat or adduce as a passage from an author or speaker by way of authority or illustration as to quote a passage from Homer...
Reasoning
The act or process of adducing a reason or reasons manner of presenting ones reasons...
A requirement of the court
A requirement of the court, it is settled law that under Order 41, Rule 27(1)(b) of CPC, whenever the court finds difficulty in deciding an issue, it can direct additional evidence to be adduced, treating the need for evidence as 'a requirement of the court' for pronouncing a satisfactory judgment, A.P. State Wakf Board, Hyderabad v. All India Shia Conference (Branch) A.P., (2003) 3 SCC 528...
Before the question in issue was raised
Before the question in issue was raised, the words 'Before the question in issue was raised' do not necessarily mean before it was raised in the particular litigation in which such a statement is sought to be adduced in evidence, Kalidinali Venkata Subbarju v. Chintalapati Subbaraju, AIR 1968 SC 947 (953): (1968) 2 SCR 292. [Evidence Act (1 of 1872) s. 32 (5)]...
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