Judicial Documents - Law Dictionary Search Results
Home Dictionary Name: judicial documentsJudicial documents
Judicial documents, proceedings relating to litiga-tion. They are divided into: (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to any judicial proceedings, See 1 Stark. Evid. 252....
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
requests for production of documents
requests for production of documents a form of discovery in which one party requests that another make certain documents and other objects available for inspection and copying. Source: Federal Judicial Center ...
Title to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
Document
Document, includes part of a document. [Official Secrets Act, 1923 (19 of 1923), s. 2 (3)]The meaning of the document or of a particular part of it is therefore to be sought for in the document itself. That is, undoubtedly, the primary rule of construction to which ss. 90 to 94 of the Indian Evidence Act give statutory recognition and effect, with certain exceptions contained in ss. 95 to 98 of the Act. Of course, 'the document' means 'the document' read as a whole and not piecemeal, Delhi Development Authority v. Durga Chand Kaushish, (1973) 2 SCC 825: AIR 1973 SC 2609: (1974) 1 SCR 535.Document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter. [General Clauses Act, 1897 (10 of 1987), s. 3(18)]...
Making a false document
Making a false document, A person is said to make a false document-who dishonestly or fraudulently makes, signs, seals or executes a document with the intention of causing it to be believed that such document was made, signed or sealed by a competent authority or who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof or who dishonestly or fraudulently causes any person to sign, seal or execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or by reason of deception does not know the nature of the document or the nature of alteration [Indian Penal Code, s. 464]...
Documents
Documents, records, writings, precepts, instruc-tions, or directions. See DISCOVERY; ROLLS.Documents means the document read as a whole and not piecemeal, Administrator of the Specified Understating of the Unit Trust of India v. Garware Polyester Ltd., AIR 2005 SC 2520.It is well-established that a document must be read as whole. In a document meant for a transfer of ownership, the purpose is generally stated clearly to be that the property given will be owned and possessed henceforth by the donee in such a way that he could use it or deal with it as he liked, State of U.P. v. Sayed Abdul Jalil, (1973) 2 SCC 26: AIR 1972 SC 1290: (1972) 3 SCR 342....
Inspection of written documents
Inspection of written documents. It was provided by the (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 6, that in any action or other proceeding the court or a judge might, on application by either party, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior to this Act the court would, in certain cases, in the exercise of its equitable jurisdiction, order inspection of specific documents.By (English) R.S.C. 1883, Ord. XXXI., rr. 15-18, either party is prima facie as a matter of right entitled to inspect (after notice) documents referred to in the pleadings or affidavits of the other, and may, by leave of a judge, and upon an affidavit, inspect other documents in possession of the other; and by Ord. L., r. 3, any party to a c...
Judicial office
Judicial office, Administrative proximity with judicial work was regarded as an excuse good enough to elevate the administrator into a holder of judicial office, State of Haryana v. Haryana Co-operative Transport, AIR 1977 SC 237 (239): (1977) 1 SCC 271.'Judicial office' is used in the proviso; a person holding judicial office being a member of the Judicial Service, or, in short, a judicial officer. In the matter of enrolment of Sri H.P. Chaudhari, AIR 1959 All 472.'Judicial office' subsisting office with a substantive position which has an existence independent from its holder, Shri Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213. [Constitution of India Art 217 (2) (a)]...
Judicial office and Judicial officer
Judicial office and Judicial officer, expression 'Judicial Office' has not been defined under the Constitution, nevertheless, it has to be given meaning in the context of the concept of Judiciary as enshrined in the Constitution of India. The scheme under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. Holder of 'judicial office' under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-partes and renders decisions in a judicial capacity, Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213: (1992) 2 SCC 428....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial