Bench Ruling - Law Dictionary Search Results
Home Dictionary Name: bench ruling Page 1 of about 37 results ( seconds)bench ruling
bench ruling : an oral ruling on a case given by the judge while still on the bench ...
Bench ruling
Bench ruling, means an oral ruling on a case given by the judge while still on the bench, Webster's Dictionary of Law, Indian Edn. (2005), p. 47....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Articles of the peace
Articles of the peace, a complaint exhibited either in the King's Bench Division of the High Court, Court of Oyer and Terminer, or Court of Summary Jurisdiction, when any one has just cause to fear that some one will burn his house, do him some corporal hurt, or procure a third person to perpetrate it. Upon articles setting forth the fact being sworn to by the complainant, sureties of the peace are taken for such a length of time as the Court shall think necessary, not being confined to a twelvemonth. See ss. 25, 26 of the Summary Jurisdiction Act, 1879, and PEACE, and for the procedure to exhibit Articles of the peace in the King's Bench Division of the High Court of Justice, see Rules 246-56 of the Crown Office Rules of 1906, and Short and Mellor on Crown Office Practice....
Moneycracy
Moneycracy, the rule of money. 'In the name of democracy, moneycracy dominates' [Justice Iyer, Off the Bench, Universal Law Publishing Co. Pvt. Ltd., p. 151]. (Justice V.R. Krishna Iyer)...
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
Crown Office Rules, 1906
Crown Office Rules, 1906, a large body of Rules, 269 in number,with Forms and Tables of Fees,issued by the Rules Committee of the Supreme Court, superseding the 308 Rules of 1886 as from October 24h, 1906, and regulating the whole practiceand procedure of the Crown Side of the King's Bench Division of the High Court in Certiorari, Criminal Information, Habeas Corpus, Mandamus, Prohibition, Quo Warranto and other matters....
Mansfield rule
Mansfield rule, the doctrine that a Juror's testimony or affidavit about juror misconduct may not be used to challenge the verdict. This Mansfield rule as intended to ensure that jurors are heard through their verdict, not through their post verdict testimony. In practice the rule lessons the possibility that losing parties will seek to penetrate the secrets of the jury room. The rule of first announced in Vaise v. Delaval, 99 Eng Rep 944 (KB 1785), in an opinion by William Murray, first Earl of Mansfield, the Lord Chief Justice of the Court of King's Bench, Black's Law Dictionary, 7th Edn., p. 976....
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
- << Prev.
- Next >>