Earliest Opportunity - Law Dictionary Search Results
Home Dictionary Name: earliest opportunityEarliest opportunity
Earliest opportunity, The word 'earliest' in s. 13 of the Jammu and Kashmir Public Safety Act, 1978 which qualifies the opportunity must equally qualify the corresponding obligation of the State to deal with the representation, if and when made, as expeditiously as possible. The opportunity con-templated by the section is the opportunity to make a representation against the detention order to the Government and therefore ex hypothesi soon after the person is deprived of his personal liberty he must be afforded the earliest opportunity to make a representation, Vijay Kumar v. State of Jammu & Kashmir, (1982) 2 SCC 43: AIR 1982 SC 1023: (1982) 3 SCR 522. (J&K Public Safety Act, 1978, s. 13)...
Afford him earliest opportunity of making representation
Afford him earliest opportunity of making representation, 'Afford him earliest opportunity of making representation' The fact that the earliest opportunity'has to be afforded to the detenu for making representation against the detention order necessarily implies that as and when the representation is made, it should be dealt with promptly, Bimal Chandra Dutta v. State of West Bengal, AIR 1972 SC 2605 (2606). [Constitution of India, Art. 22(5)]...
Dying 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...
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