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New trial

justice of the case, may be induced to grant a third trial, but this is entirely in the discretion of the Court, even after two concurring verdicts. (10) Where a party has been taken by surprise. A

Murder

Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com.

Musician, London

required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for anytime not more than three

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Necessary party, Proper party

The addition of parties is generally not a question of initial jurisdiction of the Court but a judicial discretion which has to be exercised in view of all the facts and circumstances of a particular case, Ramesh

Office of profit

to an office of profit or to continue him in that office or revoke his appointment at their discretion and payment from out of Government revenues are important factors in determining whether that person is holding an

Optima est lex que minimum relinquit arbitrio judicis; optimus judex qui minimum sibi

optimus judex qui minimum sibi [Lat.], that law is best which confides as little as possible to the discretion of a judge; that judge the best who trusts as little as possible his own judgment

Paternity

he is said to be more than ordinarily legitimate; for he may, when he arrives at years of discretion, choose which of the fathers he pleases. But Hargrave suggests that the circumstances of the case, instead of

Payment of Money into Court

of liability and amount of debt or damages have been decided, but the judge shall, in exercising his discretion as to costs, take into account both the fact that money has been paid into Court and the

Mandamus

other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not

Liquidation expenses principle

Liquidation expenses principle, is a statement of how, in general, the court will exercise its discretion in a common form set of circumstances, Lundy Granite Co. (in re:); Heavan Ex parte, (1871) LR 6

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