Deem Tales - Law Dictionary Search Results
Home Dictionary Name: deem talesDecem tales
Decem tales (ten such). If, when a trial at bar (see BAR, TRIAL AT) is called on, a sufficient number of jurors do not attend, the trial must be adjourned, and a decem or octo tales, according to the number deficient, awarded, as at Common Law; for the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 37, which allows the tales de circumstantibus, is expressly confined to trials at Nisi Prius and the assizes, 1 Chit. Arch. Pract....
tales
tales often attrib [from the Medieval Latin phrase tales de circumstantibus such (persons) of the bystanders; from the use of the phrase in the writ summoning them] : persons added to a jury from among those available in or about the courthouse or in the county to make up a deficiency in the number of jurors regularly summoned [a juror] ...
Circumstantibus, Tales de
Circumstantibus, Tales de (so many of the bystanders). In civil and criminal trials, where by reason of the default of the jury, or of challenge, there is not a sufficient number of the jurors impanelled, the judge may direct the sheriff to add to the panel the names of a sufficient number of persons qualified to act as jurymen who may be present or can be found, who are called tales de circumstantibus.-(English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 37. There is now no statutory limit to the number of jurors who can be impanelled.-(English) County Common Juries Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 17)....
Octo Tales
Octo Tales. See DECEM TALES....
Tales de circumstantibus
Tales de circumstantibus. If a sufficient number of jurors do not appear upon a trial, or if by means of challenges or exemptions a sufficient number of unexceptionable ones do not remain, either party may pray a tales; which is a supply of such men as are summoned upon the panel, in order to make up a deficiency. See County Juries Act, 1825 (6 Geo. 4, c. 50), s. 37, and JURY....
Deemed
Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it h...
Deemed to be
Deemed to be, a person is 'deemed to be' something the only meaning possible is that whereas he is not in reality that something, the Act requires him to be treated as if he were.When a person deemed to be the only meaning possible is that whereas he is not in reality that something the Act of the legislature requires him to be treated as if obviously for the purpose of the said Act an not otherwise, State of Maharashtra v. Laljif Rajshi Shah, (2000) 2 SCC 699....
Deemed to received
Deemed to received, the expression 'deemed to be received' in, s. 4(a)(1) of the Income-tax Act, 1922 only means deemed by the provisions of the Act to be received, Keshao Mills Ltd. v. C.I.T., AIR 1953 SC 167 (191): (1953) SCR 950. [Income-tax Act, 1922, s. 4(1)(a)]See also Indermani Jatia v. C.I.T., AIR 1959 SC 82....
As it deems fit
As it deems fit, the expression 'as it deems fit' has been used but in view of the fact that civil consequences would ensue by reason thereof, the same must be exercised fairly and bona fide. The discretion so exercised is subject to appeal as also judicial review, and, thus, must also answer the test of reasonableness, Clariant International Ltd. v. Securities and Exchange Board of India, (2004) 8 SCC 524 (539): AIR 2004 SC 4236....
Deemed day of service
Deemed day of service, differs according to whether it is transmitted on a 'business day before 4 pm.' in which case the deemed day of service is on that day, and in any other case, in which it is transmitted, Anderton v. Clwud CC (No. 2) (CA), 2002 1 WLR 3174....
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