Just Ground - Law Dictionary Search Results
Home Dictionary Name: just groundJust ground
Just ground, by the Code of Criminal Procedure (Amendment) Act No. 9 of 1949 an additional provision was added after the proviso which may be extracted thus: If a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife's refusal to live with him. The object of introducing this provision was clearly to widen the scope and ambit of the term 'just ground' mentioned in the proviso. This provision is not exhaustive but purely illustrative and self-explanatory and takes within its fold not only the two instances mentioned therein but other circumstances also of a like or similar nature which may be regarded by the Magistrate as a just ground by the wife for refusing to live with her husband. Under the Code of 1973, this provision has been incorporated as Explanation to the second proviso to sub-s. (3) of s. 125, Sirajmohmedkhan Janmohamadkhan v. Hafizu-nnisa Yasinkhan, AIR 1981 SC 1972: (1981) 4 SCC 250. If a husband has con...
Reason
A thought or a consideration offered in support of a determination or an opinion a just ground for a conclusion or an action that which is offered or accepted as an explanation the efficient cause of an occurrence or a phenomenon a motive for an action or a determination proof more or less decisive for an opinion or a conclusion principle efficient cause final cause ground of argument...
Cross-examination
Cross-examination, the examination of a witness by the opposite side, generally after examination in chief, but some times without such examination; as in the case of an examination on the voir dire, which is in the nature of a cross-examination (see VOIR DIRE); and also if one party calls a witness,and he is sworn, the other party may cross-examine him, although the party who has called him put no question at all to him. Some times questions in cross-examination are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in the cause.As to theform of the cross-examination, leading questions are allowed, which is not the case in examination in chief.The questions must be relevant to the issue (see infra), but great latitude is allowed, as a question seemingly irrelev...
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
chamaephyte
a perennial plant that sets its dormant vegetative buds just at or above the surface of the ground...
dropkicker
a football kicker who drops the ball and kicks it just as it reaches the ground...
Pickup
Act of picking up as in various games the fielding or hitting of a ball just after it strikes the ground...
Notice of admit
Notice of admit. The parties to a suit may, by their solicitors, agree to admit at the trial documents and facts; and such agreement often saves trouble and expense, where there is no ground for disputing them.'Either party may call on the other by notice of admit any document saving all just exceptions, and in case of refusal, or neglect to admit, the costs of proving the document shall be paid by the party neglecting or refusing, whatever the result of the cause may be, unless at the hearing or trial the judge shall certify that the refusal was reasonable; and no costs of proving any document are allowed unless notice be given, except where the omission to give the notice is a saving of expense' (R.S.C., Ord. XXXII., r. 2). This rule is frequently acted upon. There is another (rule 4), providing for a notice to admit facts first introduced in 1883, and not so much used....
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
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