Discharge Hearing - Law Dictionary Search Results
Home Dictionary Name: discharge hearingdischarge hearing
discharge hearing see hearing ...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Discharge
Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the...
Hearing
Hearing, an investigation of a controversy. See TRIAL.A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at va...
discharge
discharge 1 : to release from an obligation: as a : to relieve of a duty under an instrument (as a contract or a negotiable instrument) ;also : to render (an instrument) no longer enforceable [a formal instrument…may be discharged by either cancellation or surrender "J. D. Calamari and J. M. Perillo"] b : to release (a debtor in bankruptcy) from liability for his or her debts 2 : to release from confinement, custody, or care [ a prisoner] 3 a : to dismiss from employment : terminate the employment of b : to release from service or duty [ a jury] [ a witness] 4 a : to get rid of (as a debt or obligation) by performing an appropriate action b : to fulfill a requirement for [evidence which is required to the burden of going forward "W. R. LaFave and A. W. Scott, Jr."] 5 : to order (a legislative committee) to end consideration of a bill in order to bring it before the house for action dis·charge·abil·i·ty [dis-chÄ r-jə-bi-lə-tē...
hear
hear heard hear·ing 1 a : to give a hearing to [the court heard the claims] [the judge agreed to argument on the objection] b : to conduct a hearing about [the magistrate's authority to a matter properly before him] 2 a : to take testimony from [the committee will 30 witnesses] b : to take (as testimony) at a hearing [the judge heard statements from the victim's family] ...
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
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 ...
Engaged in discharging
Engaged in discharging, means 'A lighter or craft is 'engaged in discharging' ballast or goods within an exemption from dock dues, if she goes to the place of discharge in the docks with the real intention of discharging there, although. From the place getting too full to take the ballast or goods the vessel has to depart without making any discharge (Stroud's Judicial Dictionary, 5th Edn., p. 847)....
Hear
To perceive by the ear to apprehend or take cognizance of by the ear as to hear sounds to hear a voice to hear one call...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial