Materials On Record - Law Dictionary Search Results
Home Dictionary Name: materials on recordMaterials on record
Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...
Acceptance of evidence
Acceptance of evidence, is not a term of art. It has an etymological meaning. It envisages exercise of judicial mind to the materials on record. Acceptance of evidence by a court would be dependent upon the facts of the case and other relevant factors. A piece of evidence in a given situation may be accepted by a court of law but in another it may not be, Cement Corpn. of India Ltd. v. Purya, (2004) 8 SCC 270. [Land Acquisition Act, 1894, s. 51A]...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Public records
Public records, includes:(i) any document, manuscript and file,(ii) any microfilm, microfiche and facsimile copy of a document,(iii) any reproduction of images embodied is such microfilm (whether enlarged or not), and(iv) any other material produce by a computer or by any other device, of any records creating agency. [Maharashtra Public Records Act, 2005, s. 2(g)]Public records, includes:(i) any document, manuscript and file;(ii) any microfilm microfiche and facsimile copy of a document;(iii) any reproduction of images embodied in such microfilm (whether enlarged or not); and(iv) any other material produced by a computer or by any other device of any records creating agency. [Public Records Act, 1993 (69 of 1993), s. 2 (e)]The general Records of the Realm are in the custody of the Master of the Rolls (see RECORD), and may be proved by a copy purporting to be carried by the deputy keeper of these Records [see the (English) Public Record Office Acts, 1838-1898]. As to public documents, s...
Epigraphy
Epigraphy, is the study of written matter recorded on hard and desirable materials and is prime tool in recovering much of first hand record of antiquity, Sanjay Kumar Manjul v. Chairman, UPSC, (2006) 8 SCC 42: (2006) 12 JT 1: (2006) 9 SCALE 232: (2006) 7 Supreme 304: (2006) 10 SRJ 386.Is the study and interpretation of ancient inscription; epigraphs collectively. It is an inscription on a building, statue or coin; a short quotation or saying at the beginning of a book or chapter, intended to suggest its theme, Webster American Dictionary.Has been stated to be the study of written matter recorded on hard or durable materials and isthe prime tool in recovering much of the first-hand record of antiquity, New Encyclopaedia of Britannica....
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
matter
matter 1 : a subject of consideration, disagreement, or litigation: as a : a legal case, dispute, or issue [a within the court's jurisdiction] often used in titles of legal proceedings [ of Doe] see also in re b : one or more facts, claims, or rights examined, disputed, asserted, proven, or determined by legal process matter in controversy 1 : matter called also matter in dispute 2 : the monetary amount involved in a case matter in issue : a matter that is in dispute as part or all of a legal issue matter of fact : a matter primarily involving proof or evidence rather than a question of law matter of form : a matter concerning form or details often of a relatively inessential nature rather than substance [a petition invalid because of a matter of form] matter of law : a matter involving or consisting of the application of law [entitled to judgment as a matter of law "National Law Journal"] matter of record : a matter (as a fact) entered on the record of a court or other o...
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
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