Bench Trial - Law Dictionary Search Results
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bench trial : a trial in which there is no jury and the judge decides the case compare jury trial ...
Bench trial
Bench trial, means a trial in which there is no jury and the judge decides the case, 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...
jury trial
jury trial : a trial in which a jury serves as the trier of fact called also trial by jury see also Article III Article VI and VII Amendments VI and VII to the Constitution in the back matter compare bench trial NOTE: The right to a jury trial is established in the U.S. Constitution, but it is not an absolute right. The Supreme Court has stated that petty crimes (as those carrying a sentence of up to 6 months) do not require trial by jury. The right to a jury trial in a criminal case may be waived by the “express and intelligent consent” of the defendant, usually in writing, as well as, in federal cases, the approval of the court and consent of the prosecutor. There is no right to a jury trial in equity cases. When a civil case involves both legal and equitable issues or procedure, either party may demand a jury trial (and failure to do so is taken as a waiver), but the judge may find that there is no right to jury trial because of equitable issues or claims. ...
Jeopardy
Jeopardy, means the risk of conviction and punish-ment that a criminal defendant faces at trial. Jeopardy attaches in a jury trial when the jury is empaneled, and in a Bench trial when the first witness is sworn. Also termed legal jeopardy, Black's Law Dictionary, 7th Edn., p. 839.Double is the subjection of an accused person to repeated trial for the same alleged offence, Dictionary of Political Science, Joseph Dunner, 1965, p. 154.In India, no person can be prosecuted and punished for the same offence more than once, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14. [Constitution of India, Art. 20(2)]...
trier of fact
trier of fact :the judge in a bench trial or jury in a jury trial that carries the responsibility of determining the issues of fact in a case called also factfinder finder of fact trier ...
final argument
final argument : an argument made to the jury or to the judge in a bench trial by both sides of a case after all the evidence has been presented ...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
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...
Bench warrant
Bench warrant. A warrant for the apprehension of a person, issued by a judge of a Court of Record on the Bench, such as to commit a witness for trial for perjury under s. 19 of the Criminal Procedure Act, 1851 (14 & 15 Vict. c. 100). The practice of issuing a warrant by a Court of Record for the immediate arrest and production before the Court of any indicted person is old established. See Archbold's Crim. Pract., Chitty's Statutes, tit. 'Criminal Law.'...
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