Die - Law Dictionary Search Results
Home Dictionary Name: dieDying 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...
Dies festi, nefasti, et intercisi
Dies festi, nefasti, et intercisi (businessdays, holidays, and half-holidays).For the purpose of the administration of justice all days were divided by the Romans into fasti and nefasti. Dies fasti were the days on which the pr'tor was allowed to administer justice in the public courts; they derived their names from fari (fari tria verba, do, dico, addico, Ovid, Fast. I. 45, etc. 'Varro, De Ling. Lat. vi. 29, 30, edit. Muller; Macrob., Sat. i. 16). On some of the dies fasti comitia could be held, but not on all, Cic., pro Sect. 15, with the note of Manutius.Dies nefasti were days on which neither courts of justice nor comitia were allowed to be held, and which were dedicated to other purposes. Accord-ing to the ancient legends, they were said to have been fixed by Numa Pompilius, Liv. I. 19. One part of a day might be fastus, while another was nefastus, Ovid, Fast. i. 50....
dies non
dies non also dies non ju·rid·i·cus [-j-ri-di-kəs, -y-rē-di-ks] n [New Latin dies non juridicus nonjuridical day] : a day when courts do not sit or carry on business ...
Die
To pass from an animate to a lifeless state to cease to live to suffer a total and irreparable loss of action of the vital functions to become dead to expire to perish said of animals and vegetables often with of by with from and rarely for before the cause or occasion of death as to die of disease or hardships to die by fire or the sword to die with horror at the thought...
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...
Dies non juridicus, or dies non
Dies non juridicus, or dies non, not a Court-day....
Dying
In the act of dying destined to death mortal perishable as dying bodies...
Dies amoris
Dies amoris (the day of love), the appearance day of the term, the fourth day or quarto die post. It was the day given by the favour and indulgence of the court to the defendant for his appearance, when all parties appeared in Court and had their appearance recorded by the proper officer, Co. Litt. 135 a....
Dies cedit
Dies cedit, the day begins; dies venit, the day has come. Two expressions in Roman law which signify the vesting of fixing of an interest, and the interest becoming a present one, Sand. Just., 7th Edn. 227, 235; and see Ulpian, D. L. 16, 213....
Dies datus
Dies datus, the day of respite given to a defendant; another term for dies amoris...
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