Miscarriage - Law Dictionary Search Results
Home Dictionary Name: miscarriage Page: 2Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
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...
Bias
Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
According to law
According to law, the High Court under the revisional jurisdiction is obliged to test the order of the Rent Controller on the touchstone of 'whether it is according to law' and for that limited purpose may enter into re-appraisal of evidence for the purpose of ascertaining whether the conclusion arrived at by the Rent Controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. Chandrika Prasad v. Umesh Kumar Verma, (2002) 1 SCC 531 (534): AIR 2002 SC 108.According to law, judgment leading to a miscarriage of justice is not a judgment according to law, Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222....
Abigeat
Abigeat, the crime of stealing cattle by droves or herds. It was severely punished by the Roman law, the delinquent being often condemned to the mines, banishment, or death. See 4 Bl. Com. 239. Also a miscarriage produced by art, Ash's Dict. See ABACTOR....
Disappointment
The act of disappointing or the state of being disappointed defeat or failure of expectation or hope miscarriage of design or plan frustration...
Defailance
Failure miscarriage...
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