Opening The Case - Law Dictionary Search Results
Home Dictionary Name: opening the caseOpening the case
Opening the case. On a trial before a jury the party who upholds the affirmative of the issue begins, in conformity with the Civil Law maxim: Ei incumbit probatio, qui dicit, non qui negat; cum, per rerum naturam, factum negantis probatio nulla sit, Cod. 4. See RIGHT OF BEGIN....
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...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Open 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...
If sold in open market
If sold in open market, the words 'if sold in the open market' do not contemplate actual sale or the actual state of the market, but only enjoins that it should be assumed that there is an open market and the property can be sold in such a market and on that basis, the value has to be found out. It is a hypothetical case which is contemplated and the Tax Officer must assume that there is an open market in which the asset can be sole, Ahmed G.H. Ariff v. C.W.T., (1969) 2 SCC 471: AIR 1971 SC 1691 (1696). [Wealth Tax Act, 1957, s. 7(1)]...
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....
In any such case
In any such case, The opening words of sub-s. (3) of s. 137, viz., 'In any such case' make it clear that its concessional provisions apply only to the immediately preceding clause, namely, s. 137(2), Anant Mills Co. Ltd. v. State of Gujarat, AIR 1975 SC 1234: (1975) 2 SCC 175: (1975) 3 SCR 220....
opening argument
opening argument Outline or summary of the nature of a case and of anticipated proof presented by attorney to jury at start of trial, before any evidence is submitted. Source: FindLaw ...
opening statement
opening statement : a statement to the jury by trial counsel before the presentation of evidence that usually explains the nature of the case, the factual matters to be proven, and the evidence to be presented and that summarizes the arguments to be made ;also : a similar statement made to the presiding authority (as an arbitrator) at a nonjudicial or quasi-judicial hearing (as an arbitration hearing) ...
Open policy
Open policy, one in which the value of the ship or goods insured is to be ascertained in case of loss....
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