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law of the case

law of the case :a doctrine in legal procedure: an issue esp. of law that has been decided (as by an appeals court) will not be reconsidered in the same case unless compelling circumstances warrant such reconsideration ;also : a matter of law considered as settled in a case [the jury instructions were not objected to and thus became the law of the case] ...


Case stated

Case stated, a narrative (agreed upon by both parties to an action, or drawn up by an impartial person agreed upon by them or settled by the Court or a judge) setting forth the facts and points in dispute, with a view to a prompt decision. By R.S.C. 1883, Ord. XXXIV., the parties after writ may concur in stating questions of law in the form of a special case, or if it appear to the court or a judge from the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. See Special Case.As to cases stated by justices of the peace on points of law only for the High Court, see (English) Summary Jurisdiction Act, 1857 (20 & 21 Vict. c. 43), (English) Review of Justices Decisions Act, 1872 (35 & 36 Vict. c. 26), and (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 33; see also Arbitration; Chitty's Statutes, tit. Justices'; and see R. v. Woodcock, (1907) 2 KB 104....


Drawee in case of need

Drawee in case of need, when in the bill or in any endorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need, such person is called a 'drawee in case of need'. [Negotiable Instruments Act, 1881 (26 of 1881), s. 7]...


Summons-case

Summons-case, means a case relating to an offence, and not being a warrant-case. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(w)]...


Direction to consider the case

Direction to consider the case, in case where High Court merely directs the authority to 'consider' the matter without recording any finding or without expressing any view, the authority has to consider the matter in accordance with law and in facts and circumstance of case as its power not being circumscribed by any observations or finding of court; A.P.S.R.T.C. v. G. Srinivas Reddy, AIR 2006 SC 1465 (Constitution of India, Art. 226)....


case management

case management techniques used to process cases from one stage of the proceeding to another, such as setting deadlines for discovery or scheduling a series of pretrial conferences. Case management calls for different approaches from one case to the next and is the primary responsibility of judges, assisted by lawyers and clerks' office personnel. Source: Federal Judicial Center ...


test case

test case see case ...


Warrant-case

Warrant-case, means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (x)]...


Transfer of a case

Transfer of a case, means the removal of a case from the jurisdiction of one court or judge to another by lawful authority, Black's Law Dictionary, 7th Edn., p. 1504.Transfer of cases. By the (English) Judicature Act, 1925, s. 59 (replacing (English) Judicature Act, 1873, s. 36), and (English) R.S.C. 1883, Ord. XLIX., power is given to transfer causes from one Division of the High Court to another...


Tichborne case

Tichborne case. A very celebrated case in which one Arthur Orton, for falsely swearing in 1867 and afterwards that he was Sir Roger Charles Doughty Tichborne, who had been drowned at sea in 1854, was sentenced in 1873 to fourteen years' penal servitude-being seven years (the maximum sentence for perjury) for each of two perjuries. See Best on Evidence, 10th Edn., s. 517 B, where an extract from Orton's confession, sworn before a commissioner for oaths, is given; Article in Supplement to Dictionary of Biography, tit. 'Orton'; Famous Trials of the Century (19th), by J.B. Atlay, and other authorities referred to in Best on Evidence, latest book....


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