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legal certainty test : a rule in federal civil procedure: a defendant's challenge to diversity jurisdiction made on the basis that the amount of money involved in the controversy falls short of the jurisdictional amount will be defeated if the plaintiff provides proof that the amount is certain to be met called also legal certainty rule legal certainty standard ...
Legal Einsteinism
Legal Einsteinism, read in context, it implies that are no absolutes in law. 'legal Einsteinism guides the court, and not doctrinal absolutes... ' [Fatehchand v. State of Maharashtra, AIR 1977 SC 1825 (1829), para 7]. (Justice V.R. Krishna Iyer)...
Suit or prosecution
Suit or prosecution, are those judicial or legal proceedings which are lodged in a court of law and not before any executive authority, even if a statutory one, Asst. CCE v. Ramdev Tovacco Co., AIR 1991 SC 506: (1991) 2 SCC 119....
Prosecution
Prosecution, a proceeding either by way of indict-ment or information, in the criminal courts, in order to put an offender upon his trial. In all criminal prosecutions the King is nominally the prosecutor. See titles PUBLIC PROSECUTOR and ADVOCATE, LORD.The word 'prosecution' as used in Article 20 contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274.Means a criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734.Means criminal proceedings in general. It includes all criminal proceedings to which any oral obloque is attached, ST Sahib v. Hasan Ghani Sahib, AIR 1957 Mad 646.Means a person appointed by the government to conduct all prosecutions on behalf of the State, Mansoor v. State of Madhy...
Obdurate legal obscurantism
Obdurate legal obscurantism, Hardened (stubborn) tendency to oppose enquiry, enlightenment or reform, '...the obdurate legal obscurantism of litigants leads to protraction of proceedings' [Jas Raj v. Hem Raj, AIR 1977 SC 1011 (1013), para 2] - here the judge is hinting at the tendency of litigants to be oversmart and their habit of concealing certain material facts from the court. (Justice V.R. Krishna Iyer)...
Misconduct (Legal)
Misconduct (Legal), the expression 'legal misconduct' is an ambiguous term it means and includes some honest though erroneous breach of duty causing a miscarriage of justice, Chhogmul Rewalmal v. Senval Chand, 53 CWN 828...
Medico-legal
Medico-legal {medico-legalis, Lat.], relating to the law concerning medical questions.Medico-legal, involving the application of medical science to law, Black's Law Dictionary, 7th Edn., p. 996...
Liability of legal representative signing
Liability of legal representative signing, a legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such. (Negotiable Instruments Act, 1881 (26 of 1881), s. 29)...
Legal person
Legal person, a 'legal person' is any subject-matter other than a human being to which the law attributes personality, Som Prakash Rekhi v. Union of India, AIR 1981 SC 212: (1981) 1 SCC 449: (1981) 2 SCR 11....
Legal malice
Legal malice, means something done without lawful excuse. In other words it is an act done wrongfully and wilfully without reasonable or probable cause and not necessarily an act done from ill feeling and spite, Punjab State Electricity Board v. Zora Singh, AIR 2006 SC 182.Legal malice, or malice in law means 'something done without lawful excuse (Words and Phrases Legally defined, 3rd Edn., London Butterworth's, 1989)...
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