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Other proceedings

the whole area of proceedings, which reach the High Courts is not exhausted by classifying the proceeding as civil and criminal. There are certain proceedings which may be regarded as neither civil nor criminal. For instance, proceeding

Mistake or an error apparent on the face of the record

to be 'an appeal in disguise', Parsion Devi v. Somitri Devi, (1997) 8 SCC 717 (719). (Code of Civil Procedure, 1908, Order 47, Rule 1 and s. 114

Judge

as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment

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During the pleasure

During the pleasure, the rule that a civil servant holds office at the pleasure of the Crown has its original in the Latin phrase 'durante bene

County Courts

County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ...

Contempt of court

Contempt of court, means civil contempt or criminal contempt. --A disobedience to or disregard of the rules, orders, process, or dignity of a

Burden of proof

the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit

Irrationality

Irrationality, mean what can by now be succinctly referred to Wednesbury unreasonableness, Council of Civil Service Unions v. Minister for the Civil Service, (1984) 3 All ER 935: 1985 AC 374: (1984) 3

trust

trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from...

standard of proof

proof :the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding [the standard of proof to convict is proof beyond a reasonable doubt] see also clear and convincing,

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