Certified Question - Law Dictionary Search Results
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question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Certify
Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefor...
Certifies
Certifies, the word 'certifies' is a strong word. It indicates that the High Court must bring its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be in a position to know first that the High Court had applied its mind to the matter and not acted mechanically and, secondly, exactly what the High Court's difficulty is and exactly what question of outstanding difficulty or importance the High Court feels the Supreme Court ought to settle, Baladin v. State of Uttar Pradesh, AIR 1956 SC 181 (188). [Constitution of India, Art. 134(1)(c)]The word 'certifies' in sub-article (1)(c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article...
certify
certify -fied -fy·ing [Medieval Latin certificare, from Late Latin, to assure, convince, from Latin certus certain + -ficare to make] 1 : to state authoritatively: as a : to give assurance of the validity of [ corporate records] b : to present in formal communication (as an order) esp. for review by an appellate court [the court may the question to the Supreme Judicial Court "R. T. Gerwatowski"] see also certification c : to state as being true or as reported or as meeting a standard [refused to the suit as a class action and dismissed it "Marcia Coyle"] 2 : to guarantee (a personal check) as to signature and amount by so indicating (as by stamping certified) on the face see also certified check at check 3 a : certificate license b : to designate (a labor union) as an exclusive bargaining agent or representative ...
Mediators of questions
Mediators of questions, six persons authorised by statute, who, upon any question arising among merchants, relating to unmerchantable wool, or undue packing, etc., might, before the mayor and officers of the staple, upon their oath, certify and settle the same; to whose determination therein the parties concerned were to submit, 27 Edw. 3, st. 2, c. 24....
certified
endorsed authoritatively as having met certain requirements guranteed as certified milk certified mail a certified check Opposite of uncertified...
Certified copies
Certified copies, every public officer having the custody of a public document, which any person has a right to inspect, shall give that person or demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certificate copies (Indian Evidence Act, 1872, s. 76)...
Certifying officer
Certifying officer, means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act. [Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), s. 2 (c)]...
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
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