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Cogently - Law Dictionary Search Results

Home Dictionary Name: cogently

Cogently

In a cogent manner forcibly convincingly conclusively...


Donari videtur, quod nullo jure cogente conceditur

Donari videtur, quod nullo jure cogente conceditur [Lat.], A things is said to be given when it is yielded otherwise than by virtue of a right...


Bias

Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...


Cogency

The quality of being cogent power of compelling conviction conclusiveness force...


Cogent

Compelling in a physical sense powerful...


convincing

causing one to believe the truth of something having the power to influence or convince cogent of evidence or testimony as a convincing manner Opposite of unconvincing...


As he thinks fit

As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....


Compelling reasons

Compelling reasons, the expression 'compelling reasons' in the contest of making an order for detention of a person already in custody implies that there must be cogent material before the detaining authority on the basis of which it may be satisfied that (a) the detenu is likely to be released from custody in the near future and (b) taking into account the nature of the antecedent activities of the detenu, it is likely that after his release from custody he would indulge in prejudicial activities and it is necessary to detain him in order to prevent him from engaging in such activities, Dharmendra Suganchand Chelanat v. Union of India, AIR 1990 SC 1196 (1201): (1990) 1 SCC 746. [Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, s. 3 (1)]...


For the purposes of this Act

For the purposes of this Act, The expression 'for the purposes of this Act' has been designedly used in the s. which cannot be ignored but must be given cogent meaning and on a plain reading of the s. which uses such expression it is clear that any order passed by the Settlement Officer either granting or refusing to grant a ryotwari patta to a ryot under S. 11 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 must be regarded as having been passed to achieve the purposes of the Act, namely, revenue purposes, that is to say for fastening the liability on him to pay the assessment or other dues and to facilitate the recovery of such revenue from him by the Government; and therefore any decision impliedly rendered on the aspect of nature or character of the land on that occasion will have to be regarded as incidental to and merely for the purpose of passing the order of granting or refusing to grant the patta and for no other purpose, State of Tamil Nadu v. Ram...


Penetration

Penetration, is the sine qua non for an offence of rape. In order to constitute penetration, there must be evidence clear and cogent to prove that some part of the virile member of the accused was within the labia of the pudendum of the woman, no matter how little, Aman Kumar v. State of Haryana, (2004) SCC 379: 2004 SCC (Cri) 1266....


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