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a fortiori

a fortiori [New Latin, from the stronger (argument)] : all the more certainly : with greater reason : with still more convincing force used in drawing a conclusion that is thought to be even more certain than another [the evident purpose of the latter statute — to provide a distinct and more severe sentencing scheme for violent habitual offenders — plainly suggests that the Legislature intended it to apply a fortiori, to murderers as well as to criminals who commit other violent, but less serious, felonies "People v. Jenkins, 893 P.2d 1224 (1995)"] ...


Affidavit

Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...


Any person

Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...


Bill in criminal cases

Bill in criminal cases. Grand Juries were abolished by the (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo. 5, c. 36), from 1st September, 1933, except in certain cases [s. 1 (9)]. S. 2 of the Act provides for the new procedure. Until this Act was passed the bill was an indictment of a crime or misdemeanour preferred to a grand jury; evidence in support of it was adduced; if the grand jury thought it a groundless accusation, they endorsed 'not a true bill,' or 'not found,' and then the party was discharged without further answer, but a fresh bill might afterwards be preferred to a subsequent grand jury. If they were satisfied of the truth of the accusation, they then endorsed upon it 'a true bill'; the indictment was then said to be found and the party stood his trial....


Fast-day

Fast-day, a day of mortification by religious ab-stinence. See a list of Church of England Fast-days in the Prayer-book Calendar Scheduled to the (English) Calendar (New Style) Act, 1750 (24 Geo. 3, c. 23), and see also the still unrepealed 5 & 6 Edw. 6, c. 3 (printed in the second revised edition of the statutes published by authority in 1888), by which the eves of Christmas Day and other holy days are 'commanded to be fasted,' and arch-bishops, bishops and others are authorized to inquire of every person offending in the premises, and to punish offenders by the censures of the Church, and to enjoin them such penance as shall be to the spiritual judge by his discretion thought meet and convenient. 2 & 3 Edw. 6, c. 19, however, providing for abstinence from flesh in Lent or on Fridays or Saturdays, which was expressly saved by s. 4 of this Act, has been repealed by 19 & 20 Vict. c. 64, with many other disused Acts.Fast-days may also be appointed on special occasions by royal proclamati...


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