Allegation - Law Dictionary Search Results
Home Dictionary Name: allegation Page: 4Argument
Argument, in reasoning, Locke observes that men ordinarily use four sorts of arguments. The first is to allege the opinions of men, whose parts and learning, eminency, power, or some other cause, have gained a name, and settled their reputation in the common esteem, with some kind of authority; this may be called argumentum ad verecundiam. The second is to require the adversary to admit what they allege as a proof, or to require a better; this he calls argumentum ad ignorantiam. The third is to press a man with consequences drawn from his own principles, concessions, or actions; this is known by the name of argumentum ad hominem. The fourth the using proofs drawn from any of the foundations of knowledge or probability; this he calls argumentum ad judicium, and he observes that it is the only one of all the four that brings true instruction with it, and advances us in our way to knowledge.Means a statement that attempts to persuade, especially, the remarks of counsel in analysing and po...
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
Battery
Battery [batterie, Fr., fr battre, to beat], beating and wounding. This, in law, includes every touching or laying hold, however trifling, of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or that it was the correcting of a child by its parent, or the punishment of a criminal by the proper officer, or that the prosecutor assaulted or beat the defendant first, and that the defendant committed the alleged battery merely in his own defence as to the criminal proceedings for battery, see (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), ss. 42, 43. See ASSAULT.Battery, includes even the slightest force, no actual harm need result, it is actionable per se, Kenlin v. Gardiner, (1967) 2 QB 510; Fagan v. Metropolitan Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524.Means a crime and...
Co-respondent
Co-respondent, the man charged with adultery. The (English) Judicature Act, 1925, s. 177,enacts that on a petition for divorce presented by the husband or in the answer of a husband praying for divorce, the petitioner or respondent, as the case may be, shall make the alleged adulterer a co-respondent unless he is excused by the Court on special grounds from so doing. On a petition for divorce presented by the wife the Court may, if it thinks fit, direct that the person with whom the husband is alleged to have committed adultery be made a respondent.By s. 189, the husband may claim damages from any person on the ground of adultery with the wife; and the claim for damages shall, subject to the provisions of any enactment, relating to trial by jury in the court, be tried on the same principles and manner as actions for criminal conversation were tried before the commencement of the (English) Matrimonial Causes Act, 1857 (partly repealed), and the provision of that Act with reference to th...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Charge
Charge (i) the instructions of a judge to a jury; the judge's summing up of the evidence at a trial by jury; the periodical address of a bishop or archdeacon to his clergy; the taking proceedings against a prisoner; a commission.To lay a duty upon any one, to acquaint any with the nature of their duty. See CHARGE SHEET. The clerk of arraigns gives te prisoner 'in charge' to the jury, by reading an abstract of the indictment, and they are bound to proceed to deliver him until they are discharged. To prefer an accusation against any one.A burden, duty, or trust, when attached to property; see MORTGAGES AND CHARGES, DEBENTURE, LAND CHARGES, ADMINISTRATION, REGISTRATION OF LAND.Includes any head of charge when the charge contains more heads than one. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (b)]Means expenditure, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1971) 1 SCC 85: AIR 1971 SC 530: (1971) 3 SCR 9.See also K. Muthuswami Gounder...
Indictment
Indictment [fr. indico, Lat., to show], a written accusation against one or more persons of a crime formerly preferred to and presented upon oath by a grand jury. Grand juries were partly abolished by the Administration of Justice (Miscellaneous Pro-visions) Act, 1933 (23 & 24 Geo. 5, c. 36). The bill of indictment is now preferred by any person before a court in which a person charged may lawfully be indicted, and the proper officer shall, if the requirements have been complied with, sign the bill and it shall thereupon become an indictment. But bills of indictment may be preferred before grand juries of the Counties of London and Middlesex by virtue of certain enactments set out in the 1st Schedule (high treason and certain other offences tribal in the King's Bench Division). Indictments were of a highly technical character until simplified by the Indictments Act, 1915, which directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Pro...
Reasonable grounds
Reasonable grounds, means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence, Collector of Customs v. Ahmadalieva Nodira, (2004) 3 SCC 549 (552). [N.D.P.S. Act, 1985, s. 37(1)(b)]...
Never Indebted, plea of
Never Indebted, plea of, a species of traverse which occurred in actions of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of facts from which such contract would bylaw be implied, Steph. Plead., 7th ed. 153, 156. By R.S.C. 1883, Ord. XIX., r. 17, a defendant may not deny geneally the facts alleged by the plaintiff. See, further, PLEADING....
- << Prev.
- Next >>