Advisory Opinion - Law Dictionary Search Results

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advisory opinion

advisory opinion see opinion ...

opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...

League of Nations (Societe des Nations)

League of Nations (Societe des Nations), is a conventional assembly which was set up early in 1920 at the conclusion of the War of 1914-1919 (First World War), with a membership of 58 States. The Covenant, consisting of 26 Articles at the beginning of each of the Peace Treaties, is its charter, pledging these States to promote international co-operation, and achieve peace and security by accepting obligations not to go to war, and to respect treaties. Among the important principles which underlie the League are the 'collective system,' e.g., collective action to prevent aggression, as well as to assist members to carry on their common interests more effectively; the duty of reduction of armaments; equality for States, e.g., recognition of greater responsibility of large Powers, with legal equality for all, large or small; undertaking to use peaceful settlement for disputes, with recognition that any war is the responsibility of all peoples; provision of means for adapting existing righ...

May confirm

May confirm, The words 'may confirm' show that the Government has the discretion either to confirm or not to confirm and continue the detention depending upon whether the circumstances at that date have changed so as not to necessitate any more the continuation of his detention, Shibapada Mukherjee v. State of West Bengal, AIR 1972 SC 1356: (1974) 3 SCC 50.(ii) The expression 'may confirm' in cl. (f) of s. 8 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is significant. It imports a discretion. Even where the Advisory Board makes a report that in its opinion, there is sufficient cause for the detention concerned, the Government may not confirm the detention order. Read in the light of art. 22(4) of the Constitution and the context of the words 'continue the detention', they definitely lead to the conclusion that the sine qua non for continuing the detention made beyond the period of three months, is the confirmation of the detention order by the ap...

Expert witness

Expert witness, an 'expert' is not a 'witness' of fact. His evidence is really of an advisory character. The duty of an 'expert witness' is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions, State of Himachal Pradesh v. Jai Lal, (1999) 7 SCC 280: AiR 1999 SC 3318 (3321). [Evidence Act, 1872, s. 45]...

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