Judicial Oath - Law Dictionary Search Results
Home Dictionary Name: judicial oathJudicial oath
Judicial oath, the oath to be taken 'as soon as may be after acceptance of office' by the judges of the Supreme Court, and by justices of the peace for counties and boroughs. An affirmation may be substituted by every person for the time being by law permitted to make affirmation instead of oath. See Promissory Oaths Acts, 1868 (31 & 32 Vict. c. 72), ss. 4, 10, 11 by which the form is:-I do sear that I will well and truly serve our Sovereign in the office of, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill-will. So help me God....
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
justice of the peace
justice of the peace :a local judicial official who is empowered chiefly to administer oaths, perform marriage ceremonies, certify documents, and in some states may have additional judicial powers (as to issue summonses) ...
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...
out-of-court
out-of-court 1 : not made under oath or affirmation as part of a judicial proceeding (as a trial or deposition) [an statement] 2 : not made or done as part of a judicial proceeding [an settlement] ...
false swearing
false swearing : the making of false statements under oath or affirmation in a setting other than a judicial proceeding ;also : the crime of false swearing compare perjury ...
Extrajudicial
Out of or beyond the power authority of a court or judge beyond jurisdiction not valid as a part of a judicial proceeding as extrajudicial oaths judgments etc are null and void...
Judiciary
Judiciary, is the part of Government whose work is the administration of justice, Webster American Dictionary, p. 792.Is the body of officers, who administer the law, A Dictionary of Law, Willium C. Anderson, 1889, p. 579.Is independent of the executive in England, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199.The Constitution of India makes the Indian Judiciary separate from and independent of the Executive as in England; this is achieved by providing for (i) immunity from outside influence, (ii) security of tenure, (iii) favourable conditions of service; (iv) oath of Office, (v) the judicial decision binding on the executive, and (vi) the power to punish for its own contempt, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199....
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