Decision - Law Dictionary Search Results
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Decision, a 'decision' does not merely mean the 'conclusion' it embraces within its fold the reasons which form the basis for arriving at the 'conclusions', Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760: AIR 1995 SC 686 (690). [Cr. PC, 1973, s. 354(1)(b)]Decision, a judgment.Decision, the word is used in the matter of the request by a party to nominate an arbitrator does not of itself mean that an adjudicatory decision is contemplated, Konkar Railway Corporation Ltd. v. Rani Construction Pvt. Ltd., (2002) 2 SCC 388.Decision, in such a situation cannot be held to be a decision till it attains finality, Rekha Mukerjee v. Ashish Kumar Das, (2004) 1 SCC 483.Decision, is not synonymous with 'judgment or order' but meant a decision or part of a decision in respect of which the House of Lords had granted leave to appeal, Regina (Jones) v. Ceredigion County Council, (2005) 1 WLR 3626 [Administration of Justice Act, 1969, s. 13(2)(a) (UK)]...
Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of thei...
majority
majority pl: -ties 1 a : legal age b : the status of one who has reached legal age 2 a : a number or quantity greater than half of a total compare plurality b : the excess of a majority over the remainder of the total 3 a : the group or political party whose votes predominate b : the judges voting in a particular case who together determine the prevailing decision see also majority opinion at opinion compare dissent majority adj ...
age of majority
age of majority :the age at which a person is granted by law the rights (as ability to sue) and responsibilities (as liability under contract) of an adult compare emancipate NOTE: At common law, the age of majority was 21. Age of majority is now set by statute, in most states at 18. The age at which a person may perform various acts, as legally drink alcoholic beverages, make a binding contract, or make a valid will, does not necessarily correspond with the age of majority. ...
ex parte
ex parte [Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ex parte] used in citations to indicate the party seeking judicial relief in a case [Ex Parte Jones, 7 U.S. 2 (1866)] compare in re, inter partes ...
rule of decision
rule of decision :something (as a law, rule of law, body of law, or prior decision) that governs a decision or adjudication [a claim or defense as to which State law supplies the rule of decision "Federal Rules of Evidence Rule 302"] ...
Final decision
Final decision, A decision is said to be final when so far as the Court rendering it is concerned, it is unalterable except by resort to such provisions of the Code of Civil Procedure as permit its reversal, modification or amendment. Similarly, a final decision would mean a decision which would operate as res judicata between the parties if it is not sought to be modified or reversed by preferring an appeal or a revision or a review application as is permitted by the Code, Venkata Reddy v. Pethi Reddy, AIR 1963 SC 992 (994): (1963) Supp 2 SCR 616....
Per incuriam decision
Per incuriam decision, means through inadvertence. It happens when the Supreme Court acts in ignorance of a previous decision of its own or when a High Court acts in ignorance of a decision of the Supreme Court, Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court, (1990) 3 SCC 682....
Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia
Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia (H.H. P.C. 290), it is always safer to err in acquitting than in punishing: on the side of mercy, then of strict justice....
final decision
final decision a court's decision that resolves the claims of the parties and leaves nothing further for the court to do but ensure that the decision is carried out. Source: Federal Judicial Center ...
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