After Perusing Such Record - Law Dictionary Search Results
Home Dictionary Name: after perusing such recordAfter perusing such record
After perusing such record, The expression 'after perusing such record' in the s. 423 of the Criminal Procedure Code, 1898 is a condition precedent to a proper disposal of an appeal either by dismissing the same or in other manner contemplated in the said section. There must be a clear indication in the judgment or order of the Appellate Court that it has applied its judicial mind to the particular appeal with which it was dealing, Shyam Deo Pandy v. State of Bihar, (1971) Supp SCR 133: (1971) 1 SCC 555: AIR 1971 SC 1606 (1611)....
Record, Trial by
Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....
Sound recording
Sound recording, means a recording of sounds from which such sounds maybe produced regardless of the medium on which such recording is made or the method by which the sounds are produced. [Copyright Act, 1957 (14 of 1957), s. 2(xx)]...
Failing of record
Failing of record, when an action is brought against a person who alleges in his plea matters of record in bar of the action, and avers to prove it by the record; but the plaintiff saith nul tiel record, viz., denies there is any such record; upon which the defendant has a day given him by the Court to bring it in; if he fail to do it, then he is said to fail of his own record, and the plaintiff is entitled to sign judgment, Termes de la Ley....
Nul tiel record, issue of
Nul tiel record, issue of, a traverse that there is no such record. This was the proper form of issue whenever a question arose as to what had judicially taken place in a superior Court of record; for the law presumes that, if it took place, there will remain a record of the proceeding, 3 B. & C. 449....
Recorder of London
Recorder of London, one of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sentences and judgments of the Court therein, and also certifies and records the city customs, etc. He is chosen by the lord mayor and aldermen, and attends the business of the city when summoned by the lord mayor, etc.; but by the Local Government Act, 1888, s. 42, sub-s. 14, after the vacancy next after the commencement of that Act, which vacancy happened in 1892 by the death of Sir Thomas Chambers, no Recorder may exercise any judicial functions unless he be appointed by the sovereign to exercise such functions....
Peruse
Peruse, as such, would be 'to go through critically', that is, 'to read attentively and examine critically in detail, one by one', Shon Mushar v. Kailash Singh, AIR 1962 Pat 249.Means to go through critically, read thoroughly or carefully, Balakrishan v. Muhammed, (1975) Ker LT 623.The proper meaning of the word 'peruse' in s. 145 of the Code of Criminal Procedure, 1973 is to go through critically, that is, to read attentively and examine critically in detail, one by one. Sohan Mushar v. Kailash Singh, AIR 1962 Pat 249 (251). [Cri PC, 1898, s. 145(4)]...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Foreign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial