Evidentiary - Law Dictionary Search Results
Home Dictionary Name: evidentiaryevidentiary
evidentiary 1 : being, relating to, or affording evidence [photographs of value] 2 : conducted so that evidence may be presented [an hearing] ev·i·den·tia·ri·ly adv ...
evidentiary harpoon
evidentiary harpoon [from the comparison of such evidence to a harpoon, which can be retracted after it has injured its target] : evidence consisting esp. of a police officer's statement that is improper and is knowingly offered by the prosecution to prejudice the defendant in the eyes of the jury ...
evidentiary fact
evidentiary fact see fact ...
fact
fact [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1 : something that has actual existence : a matter of objective reality 2 : any of the circumstances of a case that exist or are alleged to exist in reality : a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding, judicial notice question of fact at question, trier of fact compare law, opinion adjudicative fact : a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry collateral fact : a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry constitutional fact : a fact that relates to the determination of a constitutional issue (as violation of a constitutional right) used esp. of administrative findings of fact evidentiary fact : a fact that i...
Evidentiary
Furnishing evidence asserting proving evidential...
Testimonial compulsion
Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part, Subedar v. State, AIR 1957 All 396: 1957 All LJ 263...
Quantitative rule
Quantitative rule, means an evidentiary rule requiring that a given type of evidence is insufficient unless accompanied by additional evidence before the case is closed. Such a rule exists because of the known danger or weakness of certain types of evidence. Also termed synthetic rule, Black's Law Dictionary, 7th Edn., p. 1255....
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Conclusive proof
Conclusive proof, the certificate of purchase has its own 'conclusive' evidentiary value to the extend provided in S. 72K(2) of the the Kerala Land Reforms Act, 1963 in proceedings before the Taluk Land Board. It will therefore be for the Board to arrive at its own decision under sub-s. (5) of s. 85, according to the law, and it will be permissible for it to examine, where necessary, whether the certificate is inaccurate on its face, or has been obtained by fraud or collusion, Chettiam Veettil Ammed v. Taluk Land Board, AIR 1979 SC 1573 (1580): (1980) 1 SCC 499: (1979) 3 SCR 839. [Kerala Land Reforms Act 1963, s. 72K(2)]When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. (Evidence Act, 1872, s. 4)When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the ...
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