Bench Ruling - Law Dictionary Search Results
Revenue
by Order in Council, under s. 32 of that Act, the Exchequer Division was merged in the Queen's Bench (now King's Bench) Division. The practice and proceedings on the revenue side of that division are, except as … revenue side of that division are, except as provided by (English) R.S.C. Ord. LXVIII., not affected by the Rules of the Supreme Court. Means whatever is lawfully payable in money by a raiyat under the provisions of
Prohibition
by the Common Law against the encroachment of jurisdiction. The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the … now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with
Indictment
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 … directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Procedure Rules, S.R. & O., 1933, No. 745; Indictable Offences Rules, S.R. & O., 1933, No. 832. Though it is
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Precedent
Act, 1879. In London and North Western Ry. Co. v. Skerton three judges of the Court of Queen's Bench, being themselves in doubt as to the construction of s. 46 of the Railways Clauses Consolidation Act, 1845, … But a change in the composition in the court should not automatically result in a change in its rulings, Punjab University v. Vijay Singh Lamba, AIR 1976 SC 1441: (1976) 3 SCC 344: (1976) Supp SCR 67.
Semper pr'sumitur pro negante
(formerly Holden), 1906 AC 148]; and if any cort be equally divided [as was the Court of Queen's Bench in Reg. v. Archbishop of Canterbury, (1848) 11 QB 483, on the question whether the opposition to the … is merely formal or not] things remain as they were before the Court was applied to; e.g., a rule for a mandamus is discharged.
Central Criminal Court
Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to order any indictment for any felony or misdemeanour supposed to have been … prejudice against a person charged with crime of peculiar enormity. For mode of application for the order, see Rule 19 of the Crown Office Rules of 1906, and for form of writ to remove indictment 'for certain
Error
defects in the record, or to the House of Lords from the Exchequer Chamber; or to the King's Bench Division of the High Court in criminal cases. Proceedings in error were abolished by the (English) Jud. Act, … error are now abolished by s. 20(1) of the (English) Criminal Appeal Act, 1907. See, for the procedure, Rules 173-205 of the (English) Crown Office Rules of 1906. A psychological state that does not confirm to objective
Amendment
as to costs and postponement as they may think fit. As regards Courts of Summary Jurisdiction the King's Bench Division can amend an order bad for want of form upon the return of a writ of certiorari. … in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this,
Masters of the Common Law Courts
Common Law Courts. There were five Masters on the plea side of each of the Courts of King's Bench and Exchequer, and also in the Common Pleas. They were appointed by 7 Wm. 4 & 1 Vict. … Jud. Act, 1875, Ord. LX., r. 1). Under 30 & 31 Vict. c. 68, and the (English) General Rules of Michalmas Term, 1867, the Masters transacted a considerable portion of the business at Judges' Chambers; and they
Habeas corpora juratorum
Pleas, commanding the sheriff to summon a jury. The practice was similar to the distringas from the King's Bench and Exchequer for the same purpose. Abolished by C.L.O. Act, 1852, s. 104. Is a writ or order … a statement of the cause of his detention, to do and to receive what-ever the higher court shall decree, A Dictionary of Law, William C. Anderson, 1889, p. 500. Is a high prerogative writ of English Common
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