Crown Castes Reserved - Law Dictionary Search Results
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Crown cases reserved. Questions of law at criminal trials (except in the case of demurrers and writs of error) might be referred for decision to the 'Court for the Consideration of Crown Cases reserved,' sitting under the authority of the Crown Cases Act,1848 (11 & 12 Vict. c. 78), provided the judge who tried the prisoner consented to state a case, though if he refused no court had power to compel him to do so.The jurisdiction given by the Act of 1848 (English) is now transferred to the Court of Criminal Appeal byvirtue of s. 20 of the Criminal Appeal Act,1907 (7 Edw. 7, c. 23), which s. also preserves to some extent the procedure under the Crown Cses Act. The judgment of such court infinaland without appeal, unless a certificate of the Attorney General is obtained under s. 1(6) of the Criminal Appeal Act, 1907. The (English) Judicature Act, 1925, s. 31 (1) (a) has a saving for appeal under the Act of 1907. See R. v. Ball, 1911 AC 47; and (English) CRIMINAL APPEAL ACT, 1907....
Court for crown cases reserved
Court for crown cases reserved. See CROWN CASES RESERVED....
Reserving points of law
Reserving points of law. It was long the practice for a judge at the assizes to reserve points of law for consideration by the full Court (for which he was sitting as Commissioner) at Westminster, and this practice, recognised by s. 34 of the Common Law Procedure Act, 1854, which conferred a right of appeal, was kept up by s. 46 of the Judicature Act, 1873, and R.S.C. Ord. XXXVI., r. 22, of the Rules of 1875. But s. 17 of the Appellate Jurisdiction Act, 1876, and R.S.C. Ord. XXXVI., r. 22A (now rescinded), substituted for this procedure the argument of the point on 'further consideration' before the judge himself, and now by R.S.C. Ord. XXXVI., r. 39, the judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary.As to the reserving points of law at sessions or assizes, see Crown Cases Act, 1848; Judicature Act, 1873, s. 47 [see now Jud. Act, 1925, s. 31 (1) (a)], and Judicature Act, 1875, s. 19 [see now (English...
Reservation
Reservation, a keeping aside or providing. See SACRAMENT. Reservation of the Sacrament is an offence punishable by deprivation, Oxrofd (Bishop) v. Henly, 1909 P. 319.As to a reservation in a conveyance and how it differs from an exception, see title EXCEPTION.Reservation is not a constitutional compulsion but is discretionary according to the ruling of this Court in Rajendran's case. State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.'Reservation' was something different from the 'selection' of permissible area. The two terms were not only not synonymous but were mutually exclusive. 'Selection' of permissible area was allowed only to a landlord who had not exercised his right of 'reservation', Lajpat Rai v. State of Punjab, AIR 1981 SC 1401: (1981) 3 SCC 94: (1981) 3 SCR 590.The creation of a new right or interest, by and for the grantor, in real property being granted to another, Black's Law Dictionary, 7th Edn., p. 1309.Mans the reservation of post in...
Scheduled castes and scheduled tribes
Scheduled castes and scheduled tribes, it is an accepted fact that members of the Scheduled Castes and Tribes are by the large backward in comparison with other communities in the country. This is the result of historical cause, T. Devadasan v. Union of India, AIR 1964 SC 179: (1964) 4 SCR 680.(ii) Scheduled castes and scheduled tribes are not a caste within the ordinary meaning of caste. Scheduled Castes and tribes are descriptive of backwardness. It is the aim of our Constitution to bring them up from handicapped position to improvement. No Court can come to a finding that any cast or any tribe is a Scheduled Caste or Scheduled tribes. Scheduled Caste is a caste as notified under Article 366(25), State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.Scheduled Castes and Scheduled Tribes, shall have the meanings respectively assigned to them in the clauses (24) and (25) of Art. 366 of the Constitution of India; Maharashtra State Public Services (Reservati...
Castes
Castes, the Presidential Orders are issued under Articles 341 and 342 of the Constitution recognising and identifying the needy and deserving people belonging to Scheduled Castes and Scheduled Tribes mentioned therein for the Constitution purpose of availing benefits or reservation in the matters of admissions and employment. State of Maharashtra v. Milind, (2001) 1 SCC 4....
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Assassination
Assassination, murdering a person by lying in wait. In modern times the term is frequently applied to the open murder of great personages from political motives, as of the King of Italy by Brescia in 1900, and of the President of the United States of America by Czolgosz in 1901. The Offences against the (English) Person Act, 1861, s. 4, makes it a misdemeanour punishable by penal servitude for not more than ten years to solicit any person to murder any other person, whether a subject of the king or not, and whether within the king's dominions or not: and in Reg. v. Most, (1881) 7 QBD 244, this enactment was held by the Court for Crown Cases Reserved, constituted under the Crown Cases Act, 1948, to apply to the publication of a newspaper containing an article exulting over the assassination of the Emperor of Russia in 1881, and hoping that it was not the last....
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