Constitutional Court - Law Dictionary Search Results
Home Dictionary Name: constitutional court Page: 2Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
Fees taken in Court
Fees taken in Court, the phrase 'fees taken in court' cannot mean that it described fees which were actually being taken before the Constitution came into force. If this was the meaning, no fees could be levied in the Supreme Court because the Supreme Court did not exist before the Constitution came into force and not fees were being taken therein. This would render part of the Entry of List I nugatory. 'Fees taken in court' are not taxes, for if it were so, the word 'taxes' would have been used or some other indication given, Secretary, Government of Madras, Home Department v. Zenith Lamp and Electrical Ltd., AIR 1973 SC 724 (730): (1973) 1 SCC 162: (1973) 2 SCR 973....
Special Leave to Appeal
Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to grant leave to appeal or possessing that power has declined to exercise that power, in criminal cases, leave is granted only when some substantial or gross injustice has been done; in civil cases, on a question of general interest or public importance, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.Is exercisable outside the purview of the ordinary law relating to appeal and in cases where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.The Supreme Court of India possesses the power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any caus...
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 Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Exchequer Chamber, Court of
Exchequer Chamber, Court of, a tribunal of error and appeal.First, it existed in former times as a Court of mere debate, such causes from the other Courts being sometimes adjourned into it as the judges upon argument found to be of great weight and difficulty, before any judgment was given upon them in the Court below. It then consisted of all the judges of the three Superior Courts of Common Law, and at times the Lord Chancellor also.Second, it existed as a Court of Error, where the judgments of each of the Superior Courts of Common Law, in all actions whatever, were subject to revision by the judges of the other two, sitting collectively. See 27 Eliz. c. 8 (error from Queen's Bench), and 11 Geo. 4 & 1 Wm. 4, c. 70, s. 8 (error from the three Courts). The composition of this Court consequently admitted of three different combinations, consisting of any two of the Courts below which were not parties to the judgment appealed against. There was no given number required to constitute the ...
court
court [Old French, enclosed space, royal entourage, court of justice, from Latin cohort- cohors farmyard, armed force, retinue] 1 a : an official assembly for the administration of justice : a unit of the judicial branch of government [the judicial power of the United States shall be vested in one supreme Court, and in such inferior s as the Congress may from time to time ordain and establish "U.S. Constitution art. III"] see also the Judicial System in the back matter b : a session of such a court c usu cap : the Supreme Court of the United States 2 : a place (as a building, hall, or room) for the administration of justice [order in the ] 3 : a judge or judges acting in official capacity [an issue to be decided by the ] [the may neither preside at nor attend the meeting of creditors "J. H. Williamson"] 4 usu cap : a legislative body [the General Court of Massachusetts] 5 : a body (as the International Court of Justice) exercising judicial powers over its members or the memb...
federal courts
federal courts courts established under the U.S. Constitution. The term usually refers to courts of the federal judicial branch, which include the Supreme Court of the United States, the U.S. courts of appeals, the U.S. district courts (including U.S. bankruptcy courts), and the U.S. Court of International Trade. Congress has established other federal courts in the executive branch, such as immigration courts. Source: Federal Judicial Center ...
legislative court
legislative court : a court (as the United States Tax Court and the territorial courts) created by Congress under Article I of the U.S. Constitution whose judges are subject to removal from office and salary reduction called also Article I court compare article iii court ...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
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