Full Bench - Law Dictionary Search Results
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full bench : full court ...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
full court
full court : a court with all or the required number of the judges present called also full bench compare en banc, panel ...
Banc (or Banco), sittings in
Banc (or Banco), sittings in [fr. bancus, Lat., a seat or bench of justice. Thus Bancus Regin' or Bank la Reine is the Queen's Bench; Bancus communium Placitorum, or Bench le Common Pleas, is the Court of Common Pleas, or the Common Bench], the sittings of a Superior Court of Common Law as a full court as distinguished from the sittings of the judges at Nisi Prius or on circuit. Such sittings might be held out of term as well as in term (1 & 2 Vict. c.32, s. 2, and (English) C.L.P. Act, 1854, s. 95). The business of the courts in banc was transferred to Divisional Courts of the High Court of Justice [(English) Jud. Act, 1873, ss. 40, 41]. See now (English) Judicature Act, 1925, s. 63. See DIVISIONAL COURT....
en banc
en banc also in banc also in bank [in-bak, Ä -bÄ k] adv or adj [Anglo-French en banke, literally, on the bench] : with all judges or a quorum of judges present : in full court [an en banc rehearing] [heard very few matters en banc "H. B. Zobel"] ...
Conservators of the truce and safe conducts
Conservators of the truce and safe conducts, officers appointed to hear and determine questions relating to the breaking of the king's truce and safe conducts upon the main sea, out of the liberties of the Cinque Ports. It was enacted by 18 Hen. 6, c. 4, that if any of the king's subjects attempt or offend upon the sea, or in any port within the king's obeisance, against any stranger in amity, league, or truce, or under safe conduct, and especially by attacking his person, or spoiling him, or robbing him of his goods, the Lord Chancellor, with any of the justices of either the King's Bench or Common Pleas, should cause full restitution and amends to be made to the party injured, Jac. Law Dict....
Free-bench
Free-bench [sedes libera, Lat.], a widow's dower out of copyholds to which she was entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a continuance of his estate.The term free-bench is equally applicable to the estate which, by the custom of some manors, a husband takes in his wife's copyhold lands after her death, and anciently it was indiscriminately applied to that and to the widow's dower, but now the estate of the husband is called his curtesy, while the term free-bench is confined to the widow.Since free-bench is only claimable by special custom, the estate which a widow is to take, both as to its quantity, quality, and duration, must be such as the custom prescribes. It is generally a third for her life, as at Common Law, but it is sometimes a fourth part only, and sometimes but a portion of the rent. In many manors the wife takes the whole for her life, in others she takes the inheritance.Frequently the c...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
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...
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