Inquiry Trial - Law Dictionary Search Results
Home Dictionary Name: inquiry trialInquiry trial
Inquiry trial, The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' The trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Karnataka, (2004) 4 SCC 584 (587). [Criminal Procedure Code, 1973, s. 2(g)]...
Trial, inquiry
Trial, inquiry, the word 'trial' is not defined either in the Code or in the Act it is clearly distinguishable from inquiry. The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' So the trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Kerala, (2004) 4 SCC 584 (587). [Criminal PC, 1973, s. 2(g)]...
inquest
inquest [Anglo-French enqueste, from Old French, ultimately from Latin inquirere to ask about, from in- within, into + quaerere to seek] 1 : a judicial or official inquiry or examination often before a jury [a coroner's ] compare trial 2 : a body of people (as a jury) assembled to hold a judicial or official inquiry ;also : the finding of such an inquiry or the document recording it ...
Medical witnesses
Medical witnesses, may be ordered to attend at an inquest by the coroner under the (English) Coroners Act, 1887 (50 & 51 Vict. c. 71), s. 21. The deposition of civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this chapter, may be given in evidence in any inquiry, trial or other proceeding under this code, although the deponent is not called as a witness (CrPC, 1973, s. 291).For some valuable hints as to the conduct of medical witnesses, consult Taylor's or Beck's Med. Jur., tit. 'Medical Evidence.'...
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...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Inquiry
Inquiry, connotes act of seeking truth, information or knowledge about something. It is although synonymous with inquisition/investigation, probe or inquest, yet it acquires a definite meaning in the context in which it is used, K.C. Malhotra v. Chancellor, H.P. University, Shimla, AIR 1995 HP 156.Includes 'investigation' into facts, causes, effects and relations generally, 'to inquire' (New Standard Dictionary) Real Value Appliances Ltd. v. Canara Bank, (1998) 5 SCC 554.Means every inquiry other than a trial, conducted under this Code by a Magistrate or Court. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (g)]Means search for knowledge: investigation a question (Chambers 20th Century Dictionary) Real Value Appliances Ltd. v. Canara Bank, (1998) 5 SCC 554.The words inquiry includes investigation, Real Value Appliances Ltd. v. Canara Bank, AIR 1998 SC 2064...
Otherwise dealt with
Otherwise dealt with, the words 'otherwise dealt with' does not necessarily mean something which is not included in the investigation inquiry or trial and the words 'otherwise' points to the fact that the expression 'dealt with' is all comprehensive and that investigation inquiry and trial are some of the aspects dealing with the offence, State of Punjab v. Balbir Singh, AIR 1994 SC 1872. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 50)]...
new trial
new trial : a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered evidence compare appeal ...
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