Ends Of Justice - Law Dictionary Search Results
Home Dictionary Name: ends of justiceEnds of justice
Ends of justice, justice not only to the party to any proceeding and to the other side but also to witnesses and others who may be inconvenienced. Sangram Singh v. Election Tribunal Kotah, AIR 1955 SC 425: (1955) 2 SCR 1....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Stet processus
Stet processus, an order of the Court to stay proceedings. Strictly, it can only be made with the consent of the parties; but where the ends of justices will be better answered by this course, it is authoritatively recommended by the Court. Each party pays his own costs. See DISCONTINUANCE....
Unfettered
Unfettered, does not and cannot mean unbridles or unrestrictive powers and though exercise of discretion of the widest possible amplitude, but the same has to be exercised in a manner with care, caution and restraint so as to subserve the ends of justice, Industrial Credit & Investment Corpn. of India Ltd. v. Karnataka Ball Bearing Corpn. Ltd., (1999) 7 SCC 488....
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
- << Prev.
- Next >>