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Misconception - Law Dictionary Search Results

Home Dictionary Name: misconception

Misconception

Misconception, defined, Penal Code, 1860 s. 90. A consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear or injury, or under a misconcep-tion of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception....


Misconception of court

Misconception of court, misconception by the Court of a concession made by the advocate or of the attitude taken up by the party appears to be a ground analogous to the grounds set forth in the first part of the review s. and affords a good and congent ground for review, Moran Mar Basselios Chatolicos v. Most Rev. Mar Poulouse Athaneius, (1955) 1 SCR 520: AIR 1954 SC 526 (543). (Civil PC, 1908 Order 47, Rule 1)...


mistake

mistake 1 : an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court [the court's power to revise a judgment because of fraud, , or irregularity] [a clerical ] 2 : an erroneous belief: as a : a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b : a misconception at the time of an offense alleged by a defendant mistake of fact 1 : a mistake regarding a fact or facts esp. that significantly affects the performance of a contract 2 : a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose mistake of law : a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of aff...


Misapprehension

A mistaking or mistake wrong apprehension of ones meaning of a fact misconception misunderstanding...


Misconceit

Misconception...


Misconception

Erroneous conception false opinion wrong understanding...


Mistaken

Being in error judging wrongly having a wrong opinion or a misconception as a mistaken man he is mistaken...


Misunderstanding

Mistake of the meaning error misconception...


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...


Gandharva marriage

Gandharva marriage, The Gandharva marriage is the voluntary union of a youth and a damsel which springs from desire and sensual inclination. It has at times been erroneously described as an euphemism for concubinage. This view is based on a total misconception of the leading texts of the Smritis. It may be noted that the essential marriage ceremonies are as much a requisite part of this form of marriage as of any other unless it is shown that some modification of those ceremonies has been introduced by custom in any particular community or caste.(Mulla's Hindu Law, 12th Edn., at p. 605), Bhaurao Shankar Laokande v. State of Maharashtra, AIR 1965 SC 1564 (1566): (1965) 2 SCR 837....


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