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Criminal Charge
Criminal Charge, that in determining whether proceedings for condemnation constituted a 'criminal charge' for the purpose of Article 6 of the convention the court had to consider, Regina (Mudie) v. Dover Magistrates' Ct (CA), (2003) 2 WLR 1344.The court concludes as did the chamber that the nature of the charges together with the nature and severity of the penalties, were such that the charges against the applicants constituted criminal charges with in the meaning of Article 6 of the Convention which article applied to their adjudication hear-ings, R. (Napier) v. Home Secretary (QBD), (2004) 1 WLR 3056. [Human Rights Act, 1998, Art. 6]Possesses an autonomous meaning in the European Court of Human Rights jurisprudence. It is also true that the first of the three criteria, that is the domestic classification of the proceedings, is treated as no more than a starting point, Regina (Mudie) v. Dover Magistrates' Ct, (2003) LR 1238 QB (CA)....
McNabb-Mallory rule
McNabb-Mallory rule, Criminal Procedure the doctrine that a confession is inadmissible if obtained during an reasonably long detention period between arrest and preliminary hearing. Because of the broader protections afforded under the Mioranda rule, the McNabb-Mallory rule is rarely applied in modern cases, McNabb v. United States, 318 US 332, 63 S.Ct. 608 (1943); Mallory v. United States, 354 US 449, 77 S.Ct. 1356 (1957); Black's Law Dictionary, 7th Edn., p. 994....
Suit of partition
Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....
Charged with and tried for an offence
Charged with and tried for an offence, The words 'charged with and tried for an offence' mean that there are accusations and allegations against the person. The words 'charged with' are used in s. 5(1)(a) of the Criminal Law Amendment (Amending) Act, 1966 in contra-distinction to the words 'charges have already been framed' in s. 5(1)(b) of the Act. Therefore the use of separate words in the two separate cls. (a) and (b) is significant to indicate that the statute speaks of the words 'charged with' in cl. (a) not in the sense of 'charges have been framed' in cl. (b). The legislative intent is abundantly clear from the use of separate words. Ss. 251, 251A, 252, 253 and 254 of the Cr PC provided that the Magistrate may discharge the accused where the charge against the accused appears to be groundless indicates that the words 'charged with' cannot be said to mean framing of a charge, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1129): (1971) 2 SCC 126....
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
Co-operative society
Co-operative society, means a co-operative society registered under the Co-operative Societies act, 1912, or under any other law for the time being in force in any State for the registration ofco-operative societies. [Wealth-tax Act, 1957(27 of 1957), s. 2 (ha)]Means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3 (h)]Means a society registered or deemed to be registered under the Co-operative Societies Act, 1912, or any other law for the time being in force in any State relating to co-operating societies. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (10)]The expression 'co-operative society' in cl. 2 of the scheme meant only a consumers co-operative society and no other, Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, (1981) 4 SCC 471: AIR 1981 SC 2030 (2035). [Madhya Pradesh Foodstuffs Civil Supply Distribution Sche...
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