Discovery - Law Dictionary Search Results
Home Dictionary Name: discovery Page: 2discover
discover 1 : to find out about, recognize, or realize for the first time [when the victim s the fraud] see also discovery rule 2 a : to make the subject of discovery b : to learn of or obtain (information) through discovery dis·cov·er·able adj ...
Affidavit of documents
Affidavit of documents, an affidavit by a party against whom an order for discovery has been made specifying all the documents material to the matters in dispute in the action which are or have been in his possession are power. See DISCOVERY....
Definite information
Definite information, the phrase 'definite informa-tion' cannot be construed in a universal sense and its meaning must'depend on and'vary with the circumstances of each case. The information must be definite, that is, more than mere guess, gossip or rumour. There must also be a causal connexion between the information and the discovery; but 'discovery' in the context of the, s. does not mean a conclusion of certainty at the stage of notice, What is necessary at that stage is that the Income-tax Officer should have formed an honest belief upon materials which reasonably support such belief, A.N. Lakshman Shenoy v. C.I.T., AIR 1958 SC 795 (802). [Income-tax Act, (11 of 1922), s. 34(1)]...
Defence struck off or defence struck out
Defence struck off or defence struck out, The phrase 'defence struck off' or 'defence struck out' is not unknown in the sphere of law. Indeed it finds a place on Order XI, Rule 21 of the Code of Civil Procedure: Where any party fails to comply with any order to answer interrogatories, or for discovery of inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defences, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be made accordingly, Paradise Industrial Corpn. v. M/s. Kiln Plastics Products, (1976) 1 SCC 91: AIR 1976 SC 309: (1976) 2 SCR 32. (CPC, O. 11, R. 21)...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Exploration
The act of exploring penetrating or ranging over for purposes of discovery especially of geographical discovery examination as the exploration of unknown countries...
specification
specification : a detailed precise presentation of something or of a plan or proposal for something: as a : a written statement containing a description of particulars (as of charges or contract terms) b : a written description of an invention or discovery for which a patent is sought that embodies the manner and process of making and using the invention or discovery and concludes with a claim of that aspect for which the applicant demands credit c : a written description of construction work to be done forming part of the contract usually used in pl. ...
interrogatory
interrogatory pl: -ries : a written question required by law to be answered under the direction of a court ;esp : a written question directed by one party to another regarding information that is within the scope of discovery see also general verdict and special verdict at verdict, special interrogatory NOTE: Interrogatories are widely used as a discovery device in civil procedure and also have limited use in criminal proceedings. An interrogatory may be objected to and does not have to be answered if the court determines that it is excessive or burdensome. An interrogatory may also be submitted by a judge to a jury when the court asks for a general verdict and wants to know the basis of the decision, or when the court requires the jury to return a special verdict. ...
independent source
independent source 1 : a source of evidence that is not connected with unlawful conduct which uncovers the same evidence 2 : a doctrine that permits use of evidence obtained independently of unlawful conduct which uncovers the same evidence or use of evidence that would have been inevitably discovered without the unlawful procedure that led to its discovery compare fruit of the poisonous tree, inevitable discovery ...
work product doctrine
work product doctrine : a doctrine or rule that protects an attorney's work product from discovery called also work product rule NOTE: This doctrine applies to work product of all kinds, but it may be waived for certain materials (as documents) if the party seeking discovery shows that it has a substantial need of the materials in preparing its own case and that it is unable without undue hardship to obtain the substantial equivalent of the materials by other means. ...
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