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Trial

in a criminal trial he must be present. In a criminal trial the effect of the pleadings is stated to the jury by the clerk of the Court, except in a case of misdemeanour, where that is … 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

Judgment

the Code. In Halsbury's Laws of England, 2nd Edn., Vol. 9, paragraphs 260 to 264, it has been stated that judgment in criminal proceedings is indicated to include the final order in a trial terminating in a … 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 verdict in

abstention

abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by … abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford

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Law

unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority … day, the force of law in the whole of any part of the territory now comprised in the state of sikkim. Order, 2(1)(c) of Adaptation of Sikkim Laws (No. 1) order, 1975, Kunga Nima Lepcha v. State

Alien

the status of such a subject (s. 3). S. 4 deals with the granting of special certificates in cases of doubt, s. 5 with the case of persons under disability, s. 6 with the case of persons … the Republic of Ireland. Aliens therefore include both persons having the nationality or citizenship of some other sovereign State recognized by the United Kingdom. Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 66, p. 76. The

Competent authority

Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having … (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or

Domicile

sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domicilium originis; the second is that which is voluntarily acquired by a party, … c. 121, in cases where a convention shall have been entered into between the Crown and any foreign state that such statute shall be applicable to the subjects of the Crown and such foreign State, it is

Appropriate government

oilfields, railways, aerodromes, telegraphs, broadcasting stations and any works of defence, the Central Government, and in any other case, the State Government. [Indian Electricity Act, 1910 (9 of 1910), s. 2 (a)] Means--(i) in relation to an … or indirectly-- (i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)] The Appropriate Government means,

Desertion

absence is straightway desertion. In Black's Law Dictionary the meaning of the expression 'desertion' in Military law is stated as follows: Any member of the armed forces who - (1) without authority goes or remains absent from … Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace

Ratio decidendi

Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. … facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat). Ratio decidendi, the ground of a judicial decision. The general

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