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Parties

Persons possessed of chattel interests; (4) The grantee or release; (5) Trustees for the grantee or releasee. In criminal cases the parties are the prosecutor and the prisoner or defendant. Parties to a cause, civil or criminal, … the word 'party'includes every person served with notice of or attending any proceeding, although not named on the record. As to change of parties by death, etc., see ABATE-MENT; and as to who ought to be made

full faith and credit

court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. … full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back

Presence

Presence, s. 273 provides for dispensation from personal attendance. In such cases evidence can be recorded in the presence of the pleader. The presence of the pleader is thus deemed to be presence of

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Malice

However, wrongheaded a prosecutor may be, if he honestly thinks that the accused has been guilty of a criminal offence he cannot be initiator of a malicious prosecution, Gopa v. Amarnath, AIR 1955 J&K 27 (28). Malice … connotation. The expression 'malice' or mala fides in the facts of each case, can only be appreciated from records. There cannot possibly be any set of guidelines in regard to the proof of mala fides. Mala fides

King's Bench

corpus it protected the liberty of the subject by speedy and summary interposition. It took cognizance both of criminal and civil causes: the former in what is called the Crown side or Crown office, the letter in … the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne

Review

the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44. The word 'review' necessarily implies the

New trial

(trial without jury); Jud. Act, 1925, s. 30 (1) (replacing Jud. Act, 1890, s. 1). New trials in criminal cases are abolished by s. 20 of the Criminal Appeal Act, 1907 (7 Edw. 7, c. 23). See … any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some

Libel

is the form of the complaint or ground of the charge, on which either a civil action or criminal prosecution takes place, Bell's Scots Law Dict … to fair and accurate newspaper reports of proceedings of a Court, or public meeting, Standen v. South Essex Recorders Ltd., (1934) 50 TLR 365 (comments in newspaper on proceedings at local authority meeting). Proof of malice or

Discharge

case, Sohan Lal v. State of Rajasthan, (1990) 4 SCC 580: AIR 1990 SC 2158 (2166). (Criminal Procedure Code, 1973, s. 398) Connotes an entirely different category of orders comprising of both simpliciter discharge order not by … the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the evidence, that no case has been made out. Sub-s. (2) which authorises the

bill

bill of interpleader : bill of interpleader in this entry b : a device or instrument used in criminal procedure bill of indictment : an instrument that contains the charges against a defendant and that is presented … someone who was not a party to the original suit usually before the decree is entered in the record compare bill of review in this entry NOTE: Bills in the nature of a bill of review were

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