Case In - Law Dictionary Search Results
Home Dictionary Name: case in Page: 3Theory of the case
Theory of the case, means a comprehensive and orderly mental arrangement of principles and facts, conceived and constructed for the purpose of securing a judgment or decree of a court in favour of a litigant, the particular line of reasoning of either party to a suit, the purpose being to bring together certain facts of the case in a logical sequence and to corelate them in a way that produces in the decision-makers mind a definite result or conclusion favoured by the advocate, Black's Law Dictionary, 7th Edn., p. 1487....
On the fact and in the circumstances of the case
On the fact and in the circumstances of the case, when the question referred to the High Court speaks of 'on the facts and in the circumstances of the case', it means on the facts and circumstances found by the Tribunal and not about the facts and circumstances that may be found by the High Court, Karnani Properties Ltd. v. Commissioner of Income Tax, AIR 1972 SC 2315: (1971) 3 SCC 568: (1972) 1 SCR 457....
Moot-case or Moot-point
Moot-case or Moot-point, a point or case unsettled and disputable, such as properly affords a topic of disputation....
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be proved that, at the time of the committing of the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it,...
In any such case
In any such case, The opening words of sub-s. (3) of s. 137, viz., 'In any such case' make it clear that its concessional provisions apply only to the immediately preceding clause, namely, s. 137(2), Anant Mills Co. Ltd. v. State of Gujarat, AIR 1975 SC 1234: (1975) 2 SCC 175: (1975) 3 SCR 220....
In an appropriate case
In an appropriate case, the expression 'in an appro-priate case' in s. 22(1) of the Specific Relief Act, 1963 only indicates that it is not always incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific perform-ance of a contract for the transfer of the immovable property, Babu Lal v. Hazari Lal Kishori Lal, AIR 1982 SC 818: (1982) 3 SCR 94: (1982) 1 SCC 525. [Specific Relief Act, 1963, s. 22 (1)]...
Disciplinary case
Disciplinary case, means a case in which it is alleged that a person is liable to have his name removed from the register or to have his registration suspended under the Veterinary Surgeons Act, 1966, s. 16(UK), Halsbury's Laws of England (2), para 5712, p. 318....
Clayton's case
Clayton's case. 1 Mer. 572. The rule in this case is that payments are presumed, prima facie, to be appropriated to debts in the order in which they are incurred, but see Hallett'' Estate, 13 C.D. 696, as to payments by a trustee, and s. 38, Bankruptcy Act, 1914, also APPROPRIATION OF PAYMENTS....
Calvin's case
Calvin's case (Calvin v. Smith, 7 Rep. 1; 2 ST 559). A case decided in 1608 in which it was held that persons born in Scotland after the accession of James I. to the crown of England were not aliens but capable of inheriting land in England; see Broom's Const. Law....
Action on the case.
Action on the case. See CASE....
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