Inquiry Trial - Law Dictionary Search Results
Home Dictionary Name: inquiry trial Page: 3Adjournment
Adjournment [fr. jour, Fr., a day], a putting off to another time or place, a continuation of a meeting from one day to another. An adjourned meeting is in ordinary cases a mere continuation of the original meeting and no fresh notice of it need be given, Scadding v. Lorant, (1851) 3 HLC 418. The adjournment of a trial is in the discretion of the judge. As to adjournment of trial in the High Court, see R.SC. Ord. XXXVI., r. 34; and as to adjournments in County Courts, see County Courts Act, 1934, s. 36.As to adjournment by justices on hearing charge of offence punishable on summary jurisdiction, see Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), s. 16.Unless the object of the context or inquiry otherwise warrants the term 'adjournment' in connection with a meeting should be applied only to the case of a meeting which has already convened and which is thereafter postponed and not to a case where a notice convening a meeting is cancelled and subsequently, a notice for holding the ...
Charge
Charge (i) the instructions of a judge to a jury; the judge's summing up of the evidence at a trial by jury; the periodical address of a bishop or archdeacon to his clergy; the taking proceedings against a prisoner; a commission.To lay a duty upon any one, to acquaint any with the nature of their duty. See CHARGE SHEET. The clerk of arraigns gives te prisoner 'in charge' to the jury, by reading an abstract of the indictment, and they are bound to proceed to deliver him until they are discharged. To prefer an accusation against any one.A burden, duty, or trust, when attached to property; see MORTGAGES AND CHARGES, DEBENTURE, LAND CHARGES, ADMINISTRATION, REGISTRATION OF LAND.Includes any head of charge when the charge contains more heads than one. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (b)]Means expenditure, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1971) 1 SCC 85: AIR 1971 SC 530: (1971) 3 SCR 9.See also K. Muthuswami Gounder...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Fly for it
Fly for it. On a criminal trial in former times it was usual after the verdict, even if not guilty, to inquire also: 'Did he fly for it ?' Forfeiture of goods followed a conviction upon such inquiry. This practice, after having been long discontinued, was generally abolished by the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), s. 5. There is a saying, Fatetur facinus qui judicium fugit (3 Inst. 14)-'He who flies from justice confesses his guilt.'...
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