Open Court - Law Dictionary Search Results
Home Dictionary Name: open courtOpen Court
Open Court. Every Court of Justice is open to every subject of the King, Scott v. Scott, 1913 AC 417 (440). By statute the place where justices summarily convict is an open Court [(English) Summary Jurisdiction Act, 1848, s. 12], but not so the place where they commit a prisoner for trial at assizes or sessions (Indictable Offences Act, 1848, s. 19). Whether a coroner's court is an open Court is a matter of doub if it is not a Court of Justice; it is submitted that it is not [see Jervis on Coroners, citing Garnett v. Ferrand, (1827) 6 B&C 611]; the general rule is that all courts of justice are open to all so long as there is room see Scott v. Scott, ubi supra, where the whole question of hearing cases in camera is discussed. See also R. v. Gov. of Lewes Prison, (1917) 2 KB 254; and McPherson v. McPherson, 1936 AC 177.Sessions Court holding trial within jail premises is an 'open court', Kehar Singh v. State (Delhi Admn.), AIR 1988 SC 1883: (1988) 3 SCC 609 (703, 711): (1988) Supp 2 SCR...
open court
open court 1 : a recorded judicial proceeding that is presided over by a judge and attended by the parties and their attorneys and that is convened for the purpose of conducting official business compare in camera 2 : a session of a court that is open to the public ...
Record, Courts of
Record, Courts of, those whose judicial acts and proceedings are enrolled on parchment, for a perpetual memorial and testimony; which rolls are called the Records of the Court, and are of such high and supereminent authority that their truth is not to be called in question. Courts of Record are of two classes-Superior and Inferior. Superior Courts of Record include the House of Lords, the Judicial Committee, the Court of Appeal, the High Court and a few others. The Mayor's Court of London, the County Courts, Coroner's Courts, and others are Inferior Courts of Record, of which the County Courts are the most important. Every superior Court of record has authority to fine and imprison for contempt of its authority; an inferior court of record can only commit for contempts committed in open court, in facie curi'. See Co. Litt. 117 b, 260 a; Odgers on the Common Law; Odgers on Libel....
Royal Courts of Justice
Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...
Opening biddings
Opening biddings. Before 1867, where estates were sold, under the decree of a Court of Equity, the Court considered itself to have a greater power over the contract than if the contract were made between party and party; and as the aim of the Court was to obtain as great a price as possible for the estate, it would open the biddings after the estate was sold, and put up the estate for sale again.But the Sale of (English) Land by Auction Act, 1867, has, by s. 7, abolished this inconvenient practice (under which biddings were opened even more than once), with an exception for cases of fraud or improper management of a sale, in which upon the application of any person interested in the land, 'the Court may either open the biddings, holding such bidder bound by his bidding, or discharge him from being the purchaser, and order the land to be resold', see Delves v. Delves, (1875) LR 20 Eq 77....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Open market
Open market, if the transactions of sale and pur-chase are effected under conditions enabling every person desirous of purchasing the goods in question to place orders with such manufacturing unit and obtain supplies, they will constitute purchases 'from the open market'. The Supreme Court in in this context referred with advantage to the following observations of Swinfen Eady, J. in Inland Revenue Commissioners v. Clay, (1914) 3 KB 466: (1914-1915) All ER Rep 882 (888), where the Court of Appeal had to consider the scope of the expression 'open market' occurring in s. 25(1) of the Finance Act, 1910 (10 Edw 7, c 8): The market is to be the open market, as distinguished from an offer to a limited class only, such as the members of the family. The market is not necessarily an auction-sale. The s. means such amount as the land might be expected to realize if offered under conditions enabling every person desirous of purchasing to come in and make an offer, and if proper steps were taken t...
Open space
Open space, means it is only with reference to the country that the word 'open' carries the meaning 'free from wood building etc.' Accepting the several meanings of the word 'open' the existence of 7 or 8 scattered trees within the space sixty feet wide all round would not render the entire space any less an open space within the meaning of that expression in the proviso to rule 18(a) of the Madras Places of Public Resort Act II of 1888. It is equally clear that the existence of say one free at one corner of the space would not prevent the space being an open space, Nachimuthu v. Ramaswami Chettiar, 69 MLW 887: (1956) 2 MLJ 556 (DB).By the (English) Metropolitan Open Spaces Acts of 1877 and 1881, the (English) Metropolitan Board of Works (succeeded by the London County Council, under s. 40, sub-s. 8, of the (English) Local Government Act, 1888) had power to acquire and to hold of the use of the public any open spaces within the metropolis. These Acts were extended, with amendments, to ...
open
open 1 : exposed to general view or knowledge : free from concealment [an , notorious, continuous, and adverse use of the property] [an and obvious danger] NOTE: When a defect, hazard, or condition is open such that a reasonable person under the circumstances should have recognized the danger posed by it, a defendant is usually relieved of liability for failure to warn. 2 : not restricted to a particular group or category of participants ;specif : enterable by a registered voter regardless of political affiliation [an primary] 3 a : being in effect or operation [an mine] [a bench warrant still ] b : available for use [an toll road] c : not finally determined, decided, or settled : subject to further consideration [an question] d : remaining effective or available for use until canceled [an insurance contract] 4 : not repressed or regulated by legal controls [a state with gambling] vb opened open·ing vt 1 : to begin the process of [ the succession] 2 a : to make the...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
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