Declare - Law Dictionary Search Results
Home Dictionary Name: declareAffidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Declaration in lieu of oath
Declaration in lieu of oath. By the (English) Statutory Declarations Act, 1835 (5 & 6Wm. 4, c. 62), any justice of the peace, notary public, or other officer authorized to administer an oath, is empowered to take voluntary declarations in the form specified in the Act; and any person wilfully making suchdeclaration false in any material particular is guilty of a misdemeanour. The form given by the Act of 1835 is as follows:--I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the (English) Statutory Declarations Act, 1835....
Declaration of trust
Declaration of trust. To prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53 of the (English) Law of Property Act, 1925, reproducing and amending the (English) Statute of Frauds (29 Car. 2, c. 3), ss. 7, 8 and 9, requires that a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust, or by his will, and (1) a disposition of an equitable interest or trust, subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by his agent thereunto lawfully authorized in writing or by will; (2) this section does not affect the creation of resulting, implied or constructive trusts.It appears that this statute does not extend to the declaration or creation of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust should be ir...
Dying declaration
Dying declaration, The dying declaration is a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian Evidence Act in a case in which the cause of that person's death comes into question. It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity, Tapinder Singh v. State of Punjab, (1970) 2 SCC 113: AIR 1970 SC 1566: (1971) 1 SCR 599.(ii) a dying declaration stands on the same footing as any other evidence and it is to be judged in the surrounding circumstances and with reference to the principles governing the weighting of evidence. The court mus...
Declared
Declared, the expression 'declared' is wider than the words 'found or made'. To declare is to announce opinion. Indeed, the latter involves the process, while the former expresses result. Inter-pretation, ascertainment and evolution are parts of the process, while that interpreted, ascertained or evolved is declared as law, Golak Nath v. State of Punjab, AIR 1967 SC 1643 (1669): (1967) 2 SCR 762. (Constitution of India, Art. 141)is wider than the words 'found or made'. Declared defaulter should be an actual defaulter and not an alleged defaulter, B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437.the expression 'declared' is wider than the words 'found' or 'made', B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437....
Deathbed or Dying Declarations
Deathbed or Dying Declarations are constantly admitted in evidence. The principle of this exception to the general rule is founded partly on the awful situation of the dying person, which is considered to be as powerful over his conscience as the obligation of an oath, and partly on a supposed absence of interest in a person on the verge of the next world, which dispenses with the necessity of cross-examination. But before such declarations can be admitted in evidence against a prisoner, it must be satisfactorily proved that the deceased, at the time of making them, was conscious of his danger, and had given up all hope or recovery [R. v. Perry, (1909) 2 KB 697], and this may be collected from the nature and circumstances of the case, although the declarant did not express such an apprehension. It is not essential that the party should apprehend immediate dissolution; it is sufficient if he apprehend it to be impending. See Taylor on Evid., 12th Edn., ss. 714 et seq. The (English) Crim...
Declaration
Declaration, a proclamation or affirmation, open expression or publication.A statement on the plaintiff's part of his cause of action, following after service of the writ of summons; abolished in 1875 by the (English) Judicature Acts, which substituted a statement of claim. See STATEMENT OF CLAIM.A mere determination or a finding or order that a person/family unit holds land less than the ceiling limit is not a 'declaration' and, therefore, not appealable, Ganpatrao Gulabrao Pawar v. State of Maharashtra, 1993 Supp (1) SCC 87: AIR 1992 SC 1183 (1187). [Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, s. 45(2) Proviso and 21& 33]A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. Indian Penal Code (45 of 1860), s. 200, Expl.It is a statement of material facts, if may constitute a formal announcement or a deliberate statement. A declaration must be announced solemnly or officially. It ...
Declaration of war
Declaration of war. The formal announcement by one nation of an intention to treat another nation as an enemy and to commence hostilities, agreed to be necessary by the Hague Convention, 1907. In modern times the future belligerents, generally, are in a state of war before any declaration of war is made. Before this Convention was signed, in the war between Russia and Japan, the Japanese ambassador, on the 6th February, 1904, notified to Russia the rupture of negotiations and the cessation of diplomatic relations, hostile operations were commenced by Japan on the 8th February, and formal declarations of war were not made until the 10th of February by Japan, and 11th February by Russia. The British Declaration of War on Germany was made on the 4th August, 1914, after an ultimatum.The force of a declaration of war is equal to that of an Act of Parliament prohibiting intercourse with the enemy except by the king's license. As an act of State done by virtue of the prerogative it carries wi...
Increase, affidavit of
Increase, affidavit of. Affidavit of payment of in-creased costs, produced on taxation. 'Of the costs of the pleadings, and the office fees of the proceed-ings, in the cause down to trial, the record will, in general, sufficiently inform the taxing-master; but the amount of the costs of the trial, including the evidence and the suspending of and any payment to witnesses, counsel, and Court fees, must be supported by affidavit, commonly called the 'Affidavit of Increase' Gray on Costs. See also Annual Practice, 1937, R.S.C. Ord. LXV., r. 16, and note. For forms of affidavit, see Chitty's Forms and Scott on Costs....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial