Adjudicative Fact - Law Dictionary Search Results
Home Dictionary Name: adjudicative fact Page: 2prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
Hearing
Hearing, an investigation of a controversy. See TRIAL.A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at va...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Transaction
Transaction, includes a decree, as a decree may, under certain circumstances create the relationship of lender and borrower, Radha Kishen Chamria v. Keshardeo Chamria, AIR 1954 Cal 105: (1953) 92 Cal LJ 197.Transaction, is a group of acts so connected together as to be referred to by a single legal name as a crime, a contract, a wrong or any other subject of inquiry which may be in issue, A.N. Mukerji v. State, AIR 1969 All 489: 1969 Cr LJ 1203.Transaction, is something already done and com-pleted; a 'proceeding' either something which is now going on, or if ended, is still contemplated with reference to its progress on successive stages. A transaction in the ordinary sense of the words, means some business or dealing which is carried on, or transacted between two or more persons. A transaction is something which has been concluded between persons by a cross or reciprocal action, as it were, Channoo Mehta v. Jang Bhadur Singh, AIR 1957 Pat 293: 1956 BLJR 197.Means 'carrying through' an...
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